My brother is legal blind age 54 w/ brain damage. Mom passed away in 1985
my sisters were to take care of him for the rest of his life. None of this happen he was placed in a mental ward. The rest of the family was not told of this. I had very hard time finding him but thanks to my mom sister I was informed. Then they placed him in a home which I visited which I found totally unacceptable. My husband and I decided to take him home. He has lived with us for the pass 21 years. My sisters are in control of his estate he lives off his ssi.
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Trustee of Will
2 Answer
August 13th, 2007 @5:53 pm
It may be a little tricky mainly because your brother has brain damage. Also you need to consider the following: An individual appointed by the court to be a legal guardian of an adult also has certain rights. These rights would include being the “property guardian” and “financial guardian.” So indeed if your questions relates to his finances and you are concerned that your sisters have full control of both property and financial methods this may not be the case under guardianship.
The best thing for you to do is contact a probate or estate planning attorney and explain to them your situation. I can see this thing heading into court.
I believe that your question how can you sisters still be trustee’s of his Will? As a trustee your sisters have certain responsibilities. These responsibilities include safeguarding and distributing trust income or principle. The person who created the trust is ultimately the trustee. However there is somewhere a trust document which states what the trustee can and can not do. This is the document which you want to review. In order for you to manage his funds you will need to contact the person that drew up his will and have the names and responsibilities changed to you and your husband. If I were you, you may also want to contact an estate planning attorney and ask him or her how the best ways in going about changing your brothers will.