My question involves estate proceedings in the state of: South Carolina
Two days before my father passed away my brother claims he either amended my Dad's living trust in the hospital or a new one was written all together. My Dad had been staying with him for a little over a month because he could not be alone, prior to that my brother had only seen him about twice in 10 years. He stayed with him because I could not take care of him at my house due to limitations of getting into the house, no conventional heating system, etc.
My brother stated that Dad changed his living trust making him successor trustee and gave him the right to allocate all of his funds. My Dad originally set up the living trust because he KNEW my brother was going to be a problem when he passed away. I think it is a case of undue influence which we will use if necessary. My brother stated that he told Dad it was only "fair" that everything in his estate be split into thirds (him, me and my sister) although he wish he hadn't included my sister as she was not there when Dad passed away....That is ALL I know about what he did there in the hospital and had my Dad sign. My sister-in-law, who is the mastermind of everything in my opinion as my brother is not the bright, stated what he signed is legal and notarized.
Does my brother have a legal obligation to provide me a copy of whatever he did? If it just states my brother can distribute Dad's assets as "he sees fit", does he then have an obligation?
My Dad had a trust set up for years and had myself and my sister listed as successor trustees because he totally did not trust my brother. He went to stay with my brother and his wife and within 1-1/2 months they have changed his trust. There is no way if my Dad was of sound mind (which we feel he was not) that he would allowed this to happen. He was weak, vulnerable and was influenced by these people, that I have no doubt about but will not fight anything IF it is still split into thirds as Dad wanted all the prior years to the 1-1/2 months being in their care. In his prior trust he had my brother losing $44,000 due to cars purchased by him which he did not pay Dad back for. I know that's out of whatever my brother has but not sure what else.
I know we need an attorney but we simply do not have the funds to pay one. I asked my brother for a copy of what he did, he refused to give it to me. I'm just at a loss as to what I can do on my own as I cannot expect my husband to mortgage the house he built to pay for legal fees. Any suggestions would be greatly appreciate.
Two days before my father passed away my brother claims he either amended my Dad's living trust in the hospital or a new one was written all together. My Dad had been staying with him for a little over a month because he could not be alone, prior to that my brother had only seen him about twice in 10 years. He stayed with him because I could not take care of him at my house due to limitations of getting into the house, no conventional heating system, etc.
My brother stated that Dad changed his living trust making him successor trustee and gave him the right to allocate all of his funds. My Dad originally set up the living trust because he KNEW my brother was going to be a problem when he passed away. I think it is a case of undue influence which we will use if necessary. My brother stated that he told Dad it was only "fair" that everything in his estate be split into thirds (him, me and my sister) although he wish he hadn't included my sister as she was not there when Dad passed away....That is ALL I know about what he did there in the hospital and had my Dad sign. My sister-in-law, who is the mastermind of everything in my opinion as my brother is not the bright, stated what he signed is legal and notarized.
Does my brother have a legal obligation to provide me a copy of whatever he did? If it just states my brother can distribute Dad's assets as "he sees fit", does he then have an obligation?
My Dad had a trust set up for years and had myself and my sister listed as successor trustees because he totally did not trust my brother. He went to stay with my brother and his wife and within 1-1/2 months they have changed his trust. There is no way if my Dad was of sound mind (which we feel he was not) that he would allowed this to happen. He was weak, vulnerable and was influenced by these people, that I have no doubt about but will not fight anything IF it is still split into thirds as Dad wanted all the prior years to the 1-1/2 months being in their care. In his prior trust he had my brother losing $44,000 due to cars purchased by him which he did not pay Dad back for. I know that's out of whatever my brother has but not sure what else.
I know we need an attorney but we simply do not have the funds to pay one. I asked my brother for a copy of what he did, he refused to give it to me. I'm just at a loss as to what I can do on my own as I cannot expect my husband to mortgage the house he built to pay for legal fees. Any suggestions would be greatly appreciate.
Revocable Living Trust Beneficiary
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