What Happened
Keystone defended the devoted daughter of a decedent, who also was trustee of the decedent’s trust, against baseless allegations of elder financial abuse and in a trust contest of an amendment brought by her brother, the decedent’s son. Keystone’s efforts ultimately led to a settlement that upheld the trust amendment and preserved the decedent’s true intentions.
This case highlights the classic contrast between selflessness and self-interest within a family — and how this contrast can lead to family disputes over inheritance. Our client, the daughter, uprooted her entire family to care for her elderly mother in her final years, making profound personal sacrifices. Meanwhile, her brother showed little concern for the mother’s wellbeing, concentrating instead on the inheritance he stood to receive.
Grateful for her daughter’s care and in recognition of her dedication, the mother contacted her longtime estate planners to execute a trust amendment to give her daughter a life estate in her house, with the remainder to be divided equally between her two children.
Upon discovering this change, the son’s hostility grew, and he attempted to forcibly hold his mother’s hand to have her revert the trust to its previous version. The son also practiced signing his mother’s signature and contacted her estate planners, who saw through his plan and refused to make any further amendments to the trust.
The son brought several claims against the daughter, including allegations of elder financial abuse, breaches of fiduciary duty and objections to several trust accountings. He also claimed that the mother lacked the capacity to amend her trust.
How Keystone Was Able to Help
Through depositions of the estate planners, family and friends, as well as declarations from caregivers and loved ones, Keystone uncovered overwhelming evidence in support of the daughter’s loving relationship with her mother and unwavering end-of-life support.
The mother’s closest loved ones testified that the mother repeatedly told them that she specifically purchased the house for her daughter. Therefore, the trust amendment was consistent with what the mother had told others were her wishes.
After two Mandatory Settlement Conferences and a private mediation, this matter settled with court approval, with Keystone’s client remaining trustee, allegations of elder financial abuse and breaches of fiduciary duties being dismissed and the trust amendment being confirmed as an operative trust instrument
