I am the Medical POA decision for my mother who is on hospice. my brother has done horrible things to my mom and before she became really ill she wanted to take him off her living trust and just put my name on there but she didn't have the money. Her attny knows that she wanted to take my brother off and have only me on there? Can this be valid on the living trust? if not how do I go about doing this before he takes all of her assests and blows them away?: Please help they expect her not to be her much longer and I need to get this done right away
Given that she doesn't have the money, you could try to find a elder law clinic at a local law school. In Michigan, some do exist, but I've never dealt with them and I don't know how detailed they become in estate planning, such as drafting a Restated Trust or Trust Amendment and ancillary documents. I suspect that's more than they would handle.
One other option is really "iffy", and that's to execute a holographic (handwritten) amendment, or statement of her desire to change the trust but can't do so because of lack of funds. I did a quick check but didn't find anything that suggested this is a desirable method of proceeding.
In addition, based on what I read, there's a possibility that your brother might be successful in challenging its validity, if he chooses to do so. And given the rush to change the named heirs, since she's in hospice, he could easily argue that you had a special interest in eliminating him as an heir.
Also, Living Trusts are prepared along with a Pour-Over Will, so the Will would have to be changed as well.
Who is named as Trustee in the Trust after your mother passes? Is it you, or your brother? Or is it someone outside the family? Are you named as the only 2 heirs?
To be perfectly honest, though, I have an uncomfortable feeling about someone wanting to change a trust to eliminate another heir, especially when the Settlor is in hospice. Frankly, it smacks of a special interest and desire to eliminate another heir so that one person inherits it all. That's just the impression I'm getting from your post.