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I don’t know. While I totally understand your reasoning for getting their affairs in order, it is up to them. Again, I know you mean well but it sounds like you and your sisters are piranhas swimming around waiting for parents to do and then grab the loot. Nothing is owed to you. Assume you get nothing. Hopefully they get things in order to avoid any legal hassles later, but if they don’t, that is what will happen. Let the chips fall where they may. They control their assets. It must be sad for them to listen to you fighting over their assets before they are dead. Again, I see your side but I see theirs too.
^^^ This, exactly. NOTHING is owed to you. NOTHING. It is not your money or assets -- it is THEIRS. So leave them alone to do what THEY want, whether you believe they are "in the early stages of dementia" or not. Geez.
^^^ This, exactly. NOTHING is owed to you. NOTHING. It is not your money or assets -- it is THEIRS. So leave them alone to do what THEY want, whether you believe they are "in the early stages of dementia" or not. Geez.
Very bad advice! The OP isn't trying to steal money from her parents; she's trying to make sure their wishes (as reflected in the now-outdated trust) are respected. She's also trying to make sure that someone will be able to step in and help with financial and healthcare matters if that should become necessary in the future.
Frankly, it would be a lot easier on the OP if she DID abandon dear old Mom and StepDad to their fates, given the headaches they are putting her through. That's she and her sister are not doing that speaks well of them both.
Very bad advice! The OP isn't trying to steal money from her parents; she's trying to make sure their wishes (as reflected in the now-outdated trust) are respected. She's also trying to make sure that someone will be able to step in and help with financial and healthcare matters if that should become necessary in the future.
Frankly, it would be a lot easier on the OP if she DID abandon dear old Mom and StepDad to their fates, given the headaches they are putting her through. That's she and her sister are not doing that speaks well of them both.
Well, OK, we can agree to disagree. Again, NOTHING is owed to the OP. Nothing. I've seen or heard of WAY too many kids being WAY too eager to talk ol' Mom and Dad into anything, as long as said kids get some big inheritance. (Note, I am NOT saying that the OP is that bad, at all -- I'm just saying, leave it alone, it's not their business.)
Very bad advice! The OP isn't trying to steal money from her parents; she's trying to make sure their wishes (as reflected in the now-outdated trust) are respected. She's also trying to make sure that someone will be able to step in and help with financial and healthcare matters if that should become necessary in the future.
Frankly, it would be a lot easier on the OP if she DID abandon dear old Mom and StepDad to their fates, given the headaches they are putting her through. That's she and her sister are not doing that speaks well of them both.
Thank you. Not everyone has nefarious intentions. It may end up that we can't do anything to help and will just have to let this situation play out. Having the courts decide what is best for someone because the paperwork is not valid? That is not the best outcome for anyone here.
Well, OK, we can agree to disagree. Again, NOTHING is owed to the OP. Nothing. I've seen or heard of WAY too many kids being WAY too eager to talk ol' Mom and Dad into anything, as long as said kids get some big inheritance. (Note, I am NOT saying that the OP is that bad, at all -- I'm just saying, leave it alone, it's not their business.)
Did you read the OP's update? Her parents' trust is out of date, and without an updated estate plan Florida law may cause part of the estate to pass to the kids rather than to the surviving spouse. SHE IS TRYING TO FIX THAT SO ALL THE MONEY GOES TO THE SURVIVING PARENT!!! That is the very opposite of trying to steal money from Mom and Dad! She's also trying to make sure that someone (not necessarily her or any of her siblings) will have the legal power to look after their financial affairs and health care affairs should they become unable to do so. Would you have them left to the tender mercies of the State of Florida instead?
You need to stop projecting your own issues onto the OP. She's not money-grubbing, and unless she's willing to walk away from her parents when they become incapacitated (which some children do) this is very much her business.
Did they live in Florida when the Legal Zoom was created?
Was it notarized?
Who's the Executor?
Can't YOU meet with an elder law attorney to ask for specifics about Florida law and how it affects distribution of assets? You seem to be fuzzy on how the 2011 changes affect the 2006 trust. And what if they never transferred the properties to the Trust? (BTW, can't you find that out on public tax records?) Can't an attorney answer questions at least? I mean especially if one of you is the Executor and has to deal with this mess.
I don't discuss my estate plans anyone to avoid this kind of public airing.
I hope you've discussed them with an estate attorney, your executor, and whoever is going to be holding your financial and healthcare POAs. That is all that matters.
They lived in Florida when the 2006 Legal Zoom Trust was created. It was notarized and witnessed. I do question as to whether the properties were ever transferred to the Trust, but my Mom is (was) pretty sharp and probably did take care of that - but I don't know for certain. The properties in the Trust are not current though. It lists their old house and not their current house, so their current house would not have been transferred in.
I am the Executor. I have a copy of the Trust, but they didn't give me any other paperwork (no POA, Health Surrogate, etc.) so I'm not sure the status of that.
I will try to speak to the lawyer to get some of these questions answered but in my limited conversations that I had recently with 3 different Florida attorneys - it's clear they really only want to work directly with my parents, which I totally understand. Perhaps one would be willing to take 15 minutes to clarify some questions I have. I feel like they would want to see the paperwork first, though, before offering an opinion on the validity of the Trust, POA, etc. and how the changes in the law affect my parent's situation.
I'm aware of the 2011 changes because a close friend had to deal with this recently with his parents whose estate plan was outdated. He was just advising us to take care of this sooner vs later as it was a real nightmare for him to navigate. This is the primary reason we thought we should at least address the situation and appreciate the heads up from our friend or we would have never known about the FL changes or even considered that their estate plan might be outdated. They clearly weren't aware of it either or they likely would have addressed it on their own.
Well, OK, we can agree to disagree. Again, NOTHING is owed to the OP. Nothing. I've seen or heard of WAY too many kids being WAY too eager to talk ol' Mom and Dad into anything, as long as said kids get some big inheritance. (Note, I am NOT saying that the OP is that bad, at all -- I'm just saying, leave it alone, it's not their business.)
If they are going to be the future caregivers then it is their business. I went through this with my Dad and his wife. I begged him years before to make clear plans as their were older children on her side. I was fine with nothing but it is always the rational person that gets screwed. Well, he said it was all handshake and everybody would do what was necessary but in actuality the other kids were doing everything to make sure my Dad died before their Mom and Mom had a secret will from years ago that allowed her children to interfere with my dads money. After the grandson wanted to leave his Grandma home alone while he was out partying she was left alone long enough that it had to be closed casket.
They sued me and sued my Dad. They would spend thousands of estate money to collect tens of dollars. I would get a good estate lawyer and jump in.
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