Brother has taken over mom’s assets

Dear Len & Rosie, Seven years ago, my mother made a trust to take care of her needs if she became unable to do so herself. She named my brother and me as trustees. Four years ago, my brother divorced his wife and remarried. He moved his new family into mom’s home and put her in a nursing home. Since then, he has not paid mom’s taxes and insurance. He cashed in our mother’s $6,000 burial fund. My mother’s care is covered by Med-Cal. My brother keeps a portion of mom’s retirement income each month, and everything else goes to the nursing home. My mother has nothing. I am fearful of confronting my brother. He is an abusive alcoholic. What can I expect when my mother dies, and what can I do now to protect my interests? — Katie Dear Katie, Your situation is disturbing. Unfortunately, it is not unique. Some children openly salivate when they are handed the keys to the larder. Your brother thinks he can do anything he wants to with your mother’s assets. He should be paying all of the property’s expenses, especially because your mother must pay all of her monthly income except $35 to the nursing home as her Medi-Cal share of cost.

You need to do something about this. As a trustee, you can be held personally responsible to the beneficiaries if you allow your co-trustee to enrich himself with trust assets. Your brother might procure a trust amendment leaving everything to him. The property could be in his name.

If your mother is mentally competent and the terms of the trust allow it, she could amend it to remove your brother as a trustee. She may also be able to revoke the trust and make a new estate plan. If your mother has lost her mental capacity, or if she is unwilling to do anything to stop your brother, you can petition the court to remove your brother as a trustee. If you can prove what you say in your letter to the judge’s satisfaction, the court should remove him as a trustee.