You might consider filing for Guardianship of your Mom in order to stop the financial decline. You should prevail easily with much less legal costs, if he’s risking Mom’s future care. I’ve seen this happen often with trusts that do not provide a Trust Protector (checks on the Trustee’s following trust instructions & the issuance of annual financial reports by Trustees). I wouldn’t go the route of challenging Trustee to recoup $, I’d file for Guardianship which is, normally, a lower Court who will focus on future care of Mom with $ needed for Mom’s care (recouping $, if necessary, should be easier as Guardian.). I hope it works out quickly; there’s terrible stress in situations such as this. The wording of the Trust is important, though it should not be the prime focus in Guardianship determination - only in that Mom will be left with no resources to maintain her needs. Check for a Guardianship attorney in the area.
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