In 2016 I received a letter from an estate planning company in Arizona that I was parents Successor Trustee. When Mom passed away I went to fulfill my duties but my brother told me I was not Successor trustee. He and Dad are the Trustees, brothers wife is co trustee and successor trustee and brother has financial durable POA, his wife is first alternate POA and their daughter has a role as well I think medical POA. This changed October 2023.
I was shocked to find out that I was left out. He said I was not left out. I had no idea things changed since no one told me. He said that the did not tell me because they did not want me to get upset and that any little thing upsets me which is not true. Feeling that I am being lied to and deceived does. I would not be upset had we had a conversation about our parents care etc. I am upset that I was not told. I was left out no matter what he says.
When I asked my brother about this he said the attorney that did the paperwork/helped them told them there was a new law the State of Arizona passed that anyone that is financially taking care of elderly in Sun City has to be in state because of some law that elderly people living there and the kids were living in other states were not financially taking care of them. So the state of Arizona said no, if you are going to be financially responsible for any elderly you have to live in the same state. Also that you cannot make medical decisions either. This is the reason everything had to be changed. Medical POA and everything else. Also, parents home had to be turned over to my brother. He is the sole beneficiary, due to the trust being changed.
None of this makes sense to me. How can a state make such laws? I'd ask the attorney but I have no idea who she is. It certainly does not sound legit to me.
I have no idea what happened but I had no idea things changed.
Some history:Brother and his wife have been living with our parents, I think since 2017/18. Which they did only after in 2017, I had a long conversation with him letting him know that I was seriously thinking of selling my home in Texas and move to Arizona and live and pay rent to mom and dad and spend time with them and look for a home and job. I had discussed my plans with mom first and she/dad were excited. I was getting things ready and had a realtor look at home to see about selling it. A few weeks later I called mom and asked what they were doing and she said that they were moving furniture from their master bedroom to the spare room and I asked why, she said my brother and his wife were moving in (their home is a mile away). I said what about me and she said you can come and I said there is no room for me. It’s a 2 bedroom house. I was upset and rightfully so. So I stayed in Texas.
There’s more ….. but I guess most importantly and current issue is what the attorney is claiming about this new Arizona law.
Thanks for reading.
You clearly feel that you were excluded, and I agree that seems to be the case. But this was done by your parents themselves if they were both Trustor and Trustee of Trust at the time. You cannot know WHO DID IT and WHEN and you cannot now tell if you are being lied to or not.
If you feel that you have been in some way cheated by your brother (who may clearly have been the caregiving son who lived near to your parents throughout their lives) the you should hire an attorney to represent your interests. That attorney would have more access where a Trust is concerned than you might (although he is still limited). He would be the best one to clear up any fibbing about laws unique to AZ. as well.
Your tale is but one of thousands we get over time on AC of the usual family bickers and machinations where Wills and Trusts are concerned, and where children who are present in parent's lives may hold more influence than those who are farther away. There is little we can say her but guess about, or go to research laws of some state or another. So just want to point you toward expert help in the state that CAN give you all the legal help available to you.