Understanding that a POA, or DPOA, can become old, or "stale" in their legal terms, can a Living Trust also become old, or "stale," as well? My parents put together a Living Trust indicating that both me and my brother as heirs to their (now meager) estate. However, my Mom no longer wants my brother to receive anything other than a few sentimental items from her estate and wishes that the bulk of it, including the proceeds of the sale of her home, go to me so that I might still have a roof, no matter how small, over my head when she passes. Will she need to have the Living Trust and/or Will completely rewritten or will an amendment do?
As others have noted, if there is property outside of the trust, it will not be affected by the trust terms. Such property will pass according to your mom's will. That being said, if the will is a "pour-over" will (which directs all property to be added to the trust), then indeed it all WILL wind up in the trust and be governed by the terms thereof.
In the first year that she was living with me, she did go back to her attorney, with my younger sister, and changed her will to put me back in, but that was without any prodding from me. As a matter of fact, I told my sister that was not necessary. Why? Because I didn't feel mom was mentally sound to make that decision, but they did it anyway and the attorney made the changes. I am not a POA, DPOA or Health Care Proxy. It's been a difficult, interesting and challenging journey with my mom and siblings. It has definitely shown me the many sides of my siblings. Not a good lesson to learn but a valuable one at that. All the best to you and good for you in stepping up to take care of your mom.
Both my brother and I have financial security, but my mother cut my brother out of her will. Thankfully, he and I were able to maintain a close and loving relationship even though my mom tried to drive a wedge between us. My brother was like yours, didn't want to have anything to do with mom. Who could blame him? I didn't. It hurt him to be treated like he was. Just think, his own mother rejected him. Fortunately, we kept an open relationship and I let him know just what was going on with mom's care. She died with nothing, because all had been spent on her health. That included part ownership of a house.
I do not know your circumstances, but many times the so called inheritance has to be spent on the parent's health. You might end up with nothing too. None of us knows the future. If she has to go to a care facility, the house may need to be sold and the money used for her care. You like every other caregiver in the world isn't guaranteed anything. If you haven't, you need to see an elder care attorney.
Good article
Anyway, I do agree that the whole trust should be revisited and another trustee be added. Amended or not, you will have to have an attorney. If your mother is still competent, then she can dictate whatever she wants. If your brother is not aware of her change of mind, he should be advised now, to avoid issues later, imho.
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