In 2016 I was I received a letter from estate planning co. that I was named as a successor trustee for my parents trust. Mom passed away January 2025 Dad passed away January 2026 on the same exact day I contacted my brother to see what I needed to do to fulfill my duties as a successor trustee he told me that I was not the successor trustee that it was him and his wife and a child in different capacities. I was shocked because I had no idea about this. He told me the reason that changed because Arizona had passed a law that unless I live in state, I could not make any decisions for our parents, whether it was medical financial or anything, so therefore, I could not be successor trustee because I live out of state I live in Texas. Since then, I found out that is not a law it’s a lie. I also contacted Arizona Maricopa County office and they said the same thing there is no such law. My brother told me that an attorney told them that was a law and it’s the attorney that changed things when Mom was needing state care and in order for Mom to get state care I think Aztec, a lot of things needed to be changed. She had to sign her portion of their home to Dad. Because if she didn’t the state could possibly take their home away from them so it needed to show that Mom didn’t own anything to get state care because she needed to go into a home that could take care of her because she was no longer able to help herself and there was nobody home to help her as she needed. When dad passed away, my brother told me that he was gonna go to the bank and close out the accounts, bank account, shares or IRAs. He told me that he would send me half and I asked about the portion for a son dad had outside of the marriage, I reminded him that our parents wanted to leave half for he and I and something for the other brother. we weren’t raised with him, but mom and dad always said that they left a little something for him. Well, my brother said that he was not getting anything and that it was just for he and I. He never sent me anything. Since then I have found out that my brother has got everything. He and his wife got the house a car a truck the bank accounts some IRA savings + and when I trying to ask questions he’s telling me to contact that lawyer that told them they need to make these changes because of that Arizona law so he’s just telling me lies after lies and I know he told our parents that this was a state law and that’s why things needed to be changed so he lied to me and it sounds like he lied to our parents so I’m really stuck in a hard place. I care for our family and I don’t wanna cause issues, but if my brother has lied in order to gain everything that our parents owned and left me completely out. This is not right and not what our parents wanted. What does this sound like to any of y’all reading this because I really need to do something or do I just walk away? My brother sent me copies of where he 100% is the beneficiary of bank accounts etc. I found out on my own found a copy in Maricopa county records that the house was deeded to him as 100 beneficiary from Dad, it looks like things are ironclad from what I can tell, but I’m not an attorney, regardless, I think he lied to our parents in order for them to do all of this. I know for a fact, they would never ever do anything like this. I spoke to some of our family members some cousins and they said the same thing that this is not anything mom and dad would’ve ever do. That same Atty did an amendment to the trust and when I was there for Dad‘s funeral, my brother told me that nothing changed the will didn’t change or anything like that that they just had to make certain changes because of this law and that they need to do it quickly so that Mom could get this state care. I wasn’t made aware of any of this or included in any of the decisions made for mom and dad’s care. I only found out after both parents gone so I can’t even ask them anything. My brother is acting really weird!
Just because he's treated you like an outsider does not mean your parents thought of you as an outsider. Don't let him get away with this!
Let us know how things turn out.
Best of luck to you.
I certainly don’t want him to get away with this, especially when I feel he’s deceived our parents. He is a big-time Christian!!!! LOL…
He just says an attorney told them this information so things had to be changed. He even sent me a screenshot of the attorney’s name so that I could call them directly. I’m not contacting that attorney! might be crooked or brother lying.
I will definitely post an update as soon as I have information.
Also, the will is public record in Arizona. Call the Maricopa probate court and ask how you can get a copy. If your brother does not or has not submitted both wills to the probate court, ask how you can petition the court to force him to do this or to remove him as executor.
Brother says there is not a will, the trust overrode it - he sent me a screenshot just the other day of amended certificate of trust existence dates 10/21/23 i’ve never had any knowledge of any of these documents being done. All I was told is that the attorney told them they had to do certain things to get this state care so they wouldn’t take everything our parents own but it looks like my brother has taken everything. Which is fine if that’s what our parents wanted. I’m sure it was done in good Faith on our parents side and they trusted my brother would do the right thing. It’s their signature, but I think it was all under false information given to them. I’m hoping to have everything done asap. I will file a complaint against that attorney. I did search Maricopa County records and I even called them. There is nothing showing a Will was recorded and there’s nothing pending or in probate since there is a trust. Brother is telling me recently the will hasn’t changed might be a lie. All the documents that were done in the past few years were done by different estate planning/Atty than when the original docs done in 2016. Not sure why they didn’t go back to them since they already paid for everything which covered any support and questions etc in the future. But going to this new attorney and estate planning company they had to pay for it again. Does it make sense to me.
Not only did he defraud his family, but it sounds fishy that he was trying to distribute Mom's share of assets to qualify for state aid (which is AHCCCS,
sounds like Access.)
Was there any will? Or just a trust, which brother had changed? You have a period of time to challenge a will during the probate process, but I don't know what it takes to prove your brother mislead your parents and had the trust changed. Ask an attorney. It will probably cost you and take a lot of your time and create a lot of stress. I'm sorry. It's awful to see the greed that takes over when family members die. Siblings sometimes see a side of their siblings they never expected.
I was told there there was a will, which was a lie, then he told me that the trust overrode the will, but in February for Dad‘s funeral, he told me the will didn’t change, he won’t give me copies of anything other than things that show him as a beneficiary. There is a trust which was made in 2016 but it all changed within the last couple of years where he is beneficiary and trustee or the person that makes all those decisions and who gets what - he just kept everything. When I try to ask questions, he tells me the contact that Atty if I have questions or want answers. I suppose I’ll make some phone calls Monday. I’ve gathered all my evidence notes, screenshots of text, etc..
Thank you for your response. Sometimes we just need somebody to listen because things can be pretty bad and make you question your own sanity, especially when it comes to family members doing something that you would never expect.
Yes, I think Brother had Dads ear. If Moms Will was probated, you should be able to get a copy from the County Clerks Office. Same with Dad. You have proof you were on the Trust at one point. You will need a lawyer to sort this out and see if there was any fraud. Good luck and come back when you have an update.
it was a 25 page document that was executed. I never got a copy. I never thought to ask because I never thought anything like this would happen interested everything that was in place.
A few months after Mom passed away I inquired as to what I needed to do as successor trustee and that’s when my brother said you’re not the successor trustee!
He said reason being is because I live out of state and not in Arizona and that Arizona passed that law because a lot of kids that live out of state were not taking care of their parents that live in Arizona! So Arizona said if you don’t live in state, then you pretty much have no rights when it comes to making decisions whether it’s medical financial or anything else for parents that live in Arizona. In 2023 is when the amended certificate of trust existence and authority changed and it was agreed between my mom my dad and my brother and it’s had description - addition to trust, acting trustee, successor, trustee power to alter succession of trustees, revocable, and irrevocable provisions and it also has my sister-in-law his wife is successor trustee,
This is crazy!
I understand they helped our parents but they were also living there rent free while they were renting their house out which was a mile away.
I’ll get this sorted out, it really isn’t about the money. It’s about the lying and deceitfulness that is going on, why go through such great lengths to lie about something when it’s not even necessary.