Posted on: 04th Jun, 2009 10:16 pm
My younger only brother (just two boys, no sisters) lives with my Mom. The living trust says that in the event of her death we can buy each other out for the house. If we cant do that my cousin deemed by Mom as the executor can sell the house and we split 50/50. Question is, can my younger brother claim caregiver status and contest the living trust? He has been verbally abusing her and has damaged alot of her belongings during fits of anger for almost twenty yrs. I had no legal rights but to call the police from time to time. Mom just couldnt bring herself to kick him out all these yrs. Now she's 92 doc says she could go anytime now. My wife and I are very, very close to Mom and she has depended on us all these yrs. I still Love my brother but he's the silent type todays he's looking up home caregivers and wont include me. My Mom has kept us posted on his intentions which si why I am concerned with living trust vs family member caregivers rights. Sorry for the long explanation. Complicated I guess. Mahalo for your time and patience.
Hi res6khcf
As far as I know, your brother will not be able to claim the property or challenge the living trust claiming a family caregiver status. However, I would still suggest you to speak to an attorney and take his opinion in this issue.
Thanks.
As far as I know, your brother will not be able to claim the property or challenge the living trust claiming a family caregiver status. However, I would still suggest you to speak to an attorney and take his opinion in this issue.
Thanks.
he has no right. you consult local attorney