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Frequently Asked Questions

Q: My brother is the executor of my mother’s trust. He forged an amendment back dated 2012 that leaves him everything.My mother has a Revocable Trust (since 1985). States that everything in her estate will be divided equally between the three of us (her children). In 2012, she Amended the Trust to say that my younger brother would get the house and everything else stays the same. She died in Sept 2014 and my older brother is the Executor. He (Executor), refused to show us or discuss the trust for months, going completely postal any time the subject was mentioned. He completely rewrote the 2012 Amendment to say that he gets everything…100%. He initialed each page with my mom’s initials, then copied the notary page from the actual 2012 document and appended it to his version. It is clearly a scanned image and not part of this document. So the dates match, and the Doc Names match, but this is not the

Stewart’s answer: You’ll need to file a petition to invalidate the 2012 Amendment in the Probate Court. This petition will likely be based on lack of capacity, undue influence, and fraud based on the facts you gave. In addition, you may want to file a civil lawsuit for financial elder abuse against your brother. To do both of these filings it is almost certain that you need to find a lawyer. This is not something that you will be able to do on your own. Best of luck.