My stepmom and dad were placed in a nursing home by her kids. She is schizo-affective and has Meiners disease. He has Dementia. They have a revocable living trust as the mortgage is the trust instrument it is a vested type, 99heirs, right of survivorship, joint tenancy, deed type in Indiana. She is the primary borrower on the mortgage. Her ITN is the only one that appears on tax form 1098. Escrow. They used to have a joint checking account but for some reason her kids pressured him to remove his name from the account. This is the account they use to pay the mortgage. His name still appears on the mortgage under hers. It is recorded in the courthouse as joint and deed type. How does he get his 401k, pensions, insurance, health benefits in a checking account with just her name on it? As you can see if he dies, she gets everything. If she dies, she gets everything for her kids. They are 70 and 71 yrs. old. Is there an affidavit I can file and even though he has dementia can't he still change the trust? Should he write a will. My 2 older siblings and I want a chance to buy the house when he dies. What form can he file to exclude his step kids and still leave things to his wife but protect his biological kids from the in-laws legally stealing everything from us. Our childhood home? They owe 48,000 on 60,000 at 7% conventional mortgage. I have an online account with the mortgage co. so I can alter things in his name since nobody knows I have this access and my dad, and I have the same name. What can I do???? My dad may or may not help us keep the house, but he doesn't want to give it to his step kids and exclude us either depending on his moments of clarity. They have isolated him and made him sign everything over under duress. He said himself they tricked him into the nursing home. They are living at my dad's house on his accounts rent free. Please help. This may be legal, but it isn't right! I want to throw a wrench in their thieving manipulative plans on taking my dad's legacy and my childhood home. I want to press charges for elder abuse.
The most important thing you can do is always put your Father's care first.
I am sorry, but your Dad should have set something up for his kids. His will should say what his wife will get and what he leaves HIS children. Same with her. What I would question is his 401k. Who is beneficiary of that. Social Security she gets even if he dies. Not all of it but the other half that she is not getting now. He gets Medicare so all that he should be paying for a supplimental.
How did your steps get control over Dad? I would get a lawyer for no other reason to have steps account for where every penny is going.
He cannot change the trust.
He cannot make a will.
You have to be competent to do those things.
His pension, SS, and others don't know whose name is on an account. All they use is an account number.
You need to talk to an attorney about getting guardianship of your father. It's the only way you can hope to wrest control away from his wife and her kids. Bring your checkbook, because it'll be an expensive process.