My question involves estate proceedings in the state of: Oklahoma
My father was very intelligent and through careful investing created a nice nest egg for him and my mother BUT after he passed away in 2011, my brother talked my mother into creating a Trust and placing all of her property, bank accounts and investment accounts into it.
My brother lives in an half million home with his wife.
I moved home in 2009 to take care of my parents because of failing health. My father passed away in 2011 and my mother was lost so my older brother stepped in and got her to agree to this trust even though she was suffering from dementia.
My mother passed away at home with me from dementia in 2016 but had always told me that my father and her wanted me to have the family home so I would always have a place to live and everything else would be split between me and my brother 50-50.
After my mother passed away during the reading of the trust I find out not only did my brother and his lawyer take the house away from me but also removed me as successor trustee and had his wife put in my place and any money from sale of the house, etc would go into a trust administered by my brother and sister-in-law.
An accounting was never done until I asked for one and when his attorney dropped off the documents, statements from the investment firm had a six(6) month gap that just happened to be during her last six months of life and brother had the mailing address for all financial records changed to his home address. From December 2015 to July 2016, there's over $100,000.00 missing and my brother kept all of the money in her various bank accounts and when we sold her car, kept the $3500.00 also saying since I didn't work he considers all this money to be his not mine.
One note, sale of the house that I am still living in, I would have to pay the entire price of the house and my brother and sister-in-law would place my half(of my already existing money) in trust account and I would have to submit a budget until it's gone.
Needless to say I don't trust my brother and all this money he's kept is embezzlement.
When in this case my brother was co-trustee when my mother passed away, does he get to keep all funds in my mothers accounts as his own?
Only found out from accounting that my brother was withdrawing over $1850 a month for his mortgage payments and got my mother to give a loan for $25,000.00 to my youngest niece. The investment firm didn't want my mother to do this loan but she mistakenly thought it would bring my brother family closer to her(it didn't) and I have the original loan agreement that both my mother and niece signed but my brother said it was paid off years ago, then it changed to my niece paid back $13,000.00 and my mother forgave $12,000.00 and they have witnesses that will come forward to testify to my mothers debt forgiveness except the witness will be:my niece(who received the loan), my brother and sister-in-law(co-trustees) and her sisters and brother in laws. I asked for proof of the $13,000.00 payment but now I am getting the silent treatment.
Am I without any recourse? I don't have an endless amount of money to per sue this case. HELP!!!
My father was very intelligent and through careful investing created a nice nest egg for him and my mother BUT after he passed away in 2011, my brother talked my mother into creating a Trust and placing all of her property, bank accounts and investment accounts into it.
My brother lives in an half million home with his wife.
I moved home in 2009 to take care of my parents because of failing health. My father passed away in 2011 and my mother was lost so my older brother stepped in and got her to agree to this trust even though she was suffering from dementia.
My mother passed away at home with me from dementia in 2016 but had always told me that my father and her wanted me to have the family home so I would always have a place to live and everything else would be split between me and my brother 50-50.
After my mother passed away during the reading of the trust I find out not only did my brother and his lawyer take the house away from me but also removed me as successor trustee and had his wife put in my place and any money from sale of the house, etc would go into a trust administered by my brother and sister-in-law.
An accounting was never done until I asked for one and when his attorney dropped off the documents, statements from the investment firm had a six(6) month gap that just happened to be during her last six months of life and brother had the mailing address for all financial records changed to his home address. From December 2015 to July 2016, there's over $100,000.00 missing and my brother kept all of the money in her various bank accounts and when we sold her car, kept the $3500.00 also saying since I didn't work he considers all this money to be his not mine.
One note, sale of the house that I am still living in, I would have to pay the entire price of the house and my brother and sister-in-law would place my half(of my already existing money) in trust account and I would have to submit a budget until it's gone.
Needless to say I don't trust my brother and all this money he's kept is embezzlement.
When in this case my brother was co-trustee when my mother passed away, does he get to keep all funds in my mothers accounts as his own?
Only found out from accounting that my brother was withdrawing over $1850 a month for his mortgage payments and got my mother to give a loan for $25,000.00 to my youngest niece. The investment firm didn't want my mother to do this loan but she mistakenly thought it would bring my brother family closer to her(it didn't) and I have the original loan agreement that both my mother and niece signed but my brother said it was paid off years ago, then it changed to my niece paid back $13,000.00 and my mother forgave $12,000.00 and they have witnesses that will come forward to testify to my mothers debt forgiveness except the witness will be:my niece(who received the loan), my brother and sister-in-law(co-trustees) and her sisters and brother in laws. I asked for proof of the $13,000.00 payment but now I am getting the silent treatment.
Am I without any recourse? I don't have an endless amount of money to per sue this case. HELP!!!
Trust Administration: What to Do if a Trustee Takes Money from Trust and Does Not Give Complete Accounting
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