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Trusts Legal Questions

Trusts Questions & Legal Answers
Do you have any Trusts questions and need some legal advice or guidance? Ask a Lawyer to get an answer or read through our 467 previously answered Trusts questions.
Since  your mother has a will, and assuming it is valid, your nephew can't inherit anything through intestacy.  Since he is living in your mom's house with her permission, he has not gained any rights through adverse possession.  You don't mention any lease or other agreement in which your mother gave him permission to stay in the house after her death.  Thus, he would have no rights to the house.  However, anyone can claim anything they want, and you can't stop him from making a claim, however bogus.  Moreover, while he has no right to destroy any of your mother's property, that doesn't mean he won't do it.  if you feel it likely that he will destroy her property, you might have a better chance of safeguarding it if he was evicted, but that doesn't seem practical under the circumstances.  Theoretically, if you believe that your mother is no longer competent, you could ask a court to appoint you as her guardian which, if you were successful, would give you the legal power to evict your nephew, but besides the problem of enforcing the eviction, this coure of action would be expensive and would put you at odds with your mother, so I don't recommend it.  Ultimately this is not a legal quesiton, but a  practical one of how best to deal with your nephew, which only you can decide.... Read More
Since  your mother has a will, and assuming it is valid, your nephew can't inherit anything through intestacy.  Since he is living in your... Read More
I'm going to assume that the "she" you refer to in your question is your cousin's spouse.  If you leave the property to your cousin outright, his/her spouse will probably have some sort of claim to it after your cousin dies, and possibly before.  However, you can leave your cousin a life estate (meaning that your cousin would have the right to use the property during his/her life, but won't own it) with ownership passing to domeone you designate (your cousin's child perhaps) after your cousin dies.  This will prevent your cousin's spouse from having any claim of ownership to the property.  However, if you don't leave your cousin full ownership, your cousin won't be able to sell the property or mortgage it.... Read More
I'm going to assume that the "she" you refer to in your question is your cousin's spouse.  If you leave the property to your cousin outright,... Read More

Do I even stand a chance contesting a Revocable Living Trust?

Answered a month ago by Mr. Stephen Raoul Garcia-Vidal (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Trusts and Estates
SG
I would need to see who has standing to challenge the trust. I would need more details. You can send me an e-mail at sgarciavidal@garciavidallaw.com. 
I would need to see who has standing to challenge the trust. I would need more details. You can send me an e-mail at... Read More
Hello. My name is Damien. I am a Trusts & Estates attorney in New York City practicing in the New York City metropolitan area. The heirs of the remainderman would inherit the property when there is a life estate. The remainderman in your situation would be your Mother. When the remainderman dies before the life estate holder (your grandmother), her interest in the property would pass to her heirs or to another remainderman if there was one. If you need any assistance, a New York Trusts & Estates Attorney could help you.... Read More
Hello. My name is Damien. I am a Trusts & Estates attorney in New York City practicing in the New York City metropolitan area. The heirs of... Read More
Powers of Attorney immediately cease upon the death of the designee. I would highly recommend you get legal counsel specializing in estates and probate.
Powers of Attorney immediately cease upon the death of the designee. I would highly recommend you get legal counsel specializing in estates and... Read More
If you're a named party to a Spanish lawsuit, presumably relating to a Spanish estate, you had better consult a Spanish attorney.  The laws ofi New York and Illinois can be very different, let alone the laws of Spain.
If you're a named party to a Spanish lawsuit, presumably relating to a Spanish estate, you had better consult a Spanish attorney.  The laws ofi... Read More

Contesting a Trust

Answered 2 months ago by attorney Hannah Burdine   |   1 Answer   |  Legal Topics: Trusts and Estates
Generally, trustees have a fiduciary duty to provide an accounting of the trust to the beneficiaries upon the beneficiary's request.  
Generally, trustees have a fiduciary duty to provide an accounting of the trust to the beneficiaries upon the beneficiary's request.  
Hello. My name is Damien. I am a Trusts & Estates attorney in New York City practicing in the New York City metropolitan area. A beneficiary of a trust is an interested party. An interested party can request a copy of the trust and ultimately, if necessary, petition for a compulsory accounting. What usually happens is a beneficiary would first request an informal accounting, which could be a summary of the transactions in the account from the date the trustee came into power. The summary could serve as an interim accounting and possibly provide the beneficiary with enough information to understanding what has taken place. If not, upon receipt of an informal accounting, a beneficiary could ask for more detail. If it appears there are discrepancies, the beneficiary could ask for a formal accounting (more detail) and if not received file a petition in court for a compulsory accounting. If you need any assistance, a New York Trusts & Estates Attorney could help you.... Read More
Hello. My name is Damien. I am a Trusts & Estates attorney in New York City practicing in the New York City metropolitan area. A beneficiary of a... Read More
The successor trustee should be sending copies to the beneficiaries.
The successor trustee should be sending copies to the beneficiaries.
Hello.  Many Probate lawyers do not litigate.  Litigation in Probate is basically the same as civil trial work, which I do.  I have fought many battles involving trustees, successor trustees, etc.  I will need more details from you if you want a deeper answer.  What type of trust is it?  Are you one of 3 successor trustees?  Are they accusing you of any negligent or intentional acts?... Read More
Hello.  Many Probate lawyers do not litigate.  Litigation in Probate is basically the same as civil trial work, which I do.  I have... Read More

What is home ownership of deceased parents.

Answered 3 months ago by attorney Bruce Robins   |   1 Answer   |  Legal Topics: Trusts and Estates
Homes don't go to probate, wills go to probate, or if no will, the estate is administered by the Court (although it might be called something different than administration n your parents' state).  The home could pass directly if title was held in a certain way (e.g. life estate for parents, remainder to children) but that is unlikely.  Most likely your parents owned the home as tenants by the entirety, meaning that the latest to pass owned it completely, and it will pass according to that person's will (which must be probated) or, if no will, by the laws of intestacy of their state.  Usually, those laws will provide that the property goes equally to the children.  However, you may need to institute a court proceeding to confirm it and confirm title.  If the chilldren are not agreed about what to do with the property, it can be partitioned, either by agreement of the children (e.g. 3 buy out the share of the 4th) or in a court proceeding, which would be expensive and time consuming.... Read More
Homes don't go to probate, wills go to probate, or if no will, the estate is administered by the Court (although it might be called something... Read More

what should I expect to pay to set up a living trust

Answered 3 months ago by attorney John D. Sorlie   |   1 Answer   |  Legal Topics: Trusts and Estates
The cost of an estate plan which would include a revocable trust (also called a living trust), will, power of attorney and health care directive for one individual will likely be around $1,500 - $2,000. It depends on the size of the estate and how many assets need to be re-titled into the trust once it is created. The lawyer should help with this task after the trust is created.  Hope that is helpful. John Sorlie Bryant, Lovlien & Jarvis Bend, Oregon... Read More
The cost of an estate plan which would include a revocable trust (also called a living trust), will, power of attorney and health care directive for... Read More

Irrevocable Trust

Answered 3 months ago by attorney Andrew A. Popp   |   1 Answer   |  Legal Topics: Trusts and Estates
Additional facts are needed in order to answer this question.  A review of the trust is necessary, as well as the amounts involved, e.g.  I recommend sitting down with an attorney or other tax professional who can review the details and advise you.
Additional facts are needed in order to answer this question.  A review of the trust is necessary, as well as the amounts involved, e.g.  I... Read More
Your sister is required by law to give you copies of the trust within 60 days of his passing.
Your sister is required by law to give you copies of the trust within 60 days of his passing.
It sounds like you have some basic misconceptions about how a trust functions.  When someone sets up a revocable living trust (RLT) the person in charge of the trust (Trustee), is normally you.  The attorney is usually only involved in setting up the trust, or modifying it.  If you would like a professional fiduciary to manage the trust, you are certainly free to do that, but there are ongoing costs.  Additionally, many national companies have a trust department that can handle this.  Overall, you may benefit from an inperson consultation with an estate planning attorney who can clearly explain everything and even discuss if a trust is worth it for you. Best of luck.... Read More
It sounds like you have some basic misconceptions about how a trust functions.  When someone sets up a revocable living trust (RLT) the person... Read More

will and trusts and LLCs

Answered 4 months ago by attorney Jack V. Brooks, J.D.   |   1 Answer   |  Legal Topics: Trusts and Estates
Good Morning: There is a lot of nuance in your question.  Did your mother-in-law establish and document this debt with her son on the one house?  Does he have possession of the property?  Is there any documentation in the Trust that dictates the son must pay for the home or the gift goes to someone else (in this case possibly the other brother)? If there is no language in the Trust or documentation from the mother that the son must purchase the residence from the trust, then he will likely take the property per the terms of the trust.  In short, the terms of the Trust will dictate what happens to the property in it once the grantor (in this case, your mother-in-law) dies.  If the Trust terms require the son(s) to purchase the home or it goes to someone else or the successor trustee has to sell it, then that's what will happen.  If the trust is unclear on this point and it's important to your mother-in-law, I recommend she change the terms of the trust to ensure it includes this stipulation and what will happen should the son not purchase the property from the trust.  This can be accomplished through an amendment (not recommended) or a restatement of the trust (recommended). Best wishes!... Read More
Good Morning: There is a lot of nuance in your question.  Did your mother-in-law establish and document this debt with her son on the one... Read More
Good Morning: Based on the limited information provided, you can set up a special needs/supplemental needs trust that can pay out limited amounts from an account to your son.  However, you have to make the trust the owner of the account with the bank and name a trustee (not your son) who will control the funds and pay the money out in a way that you specify in the trust when you set it up.  Please bear in mind that you'll need to work with the bank directly to ensure they will allow the trust to own the account and the trustee access to it.  Every bank has its own forms & procedures for account ownership & access.... Read More
Good Morning: Based on the limited information provided, you can set up a special needs/supplemental needs trust that can pay out limited amounts... Read More
Without reading the will, I cannot give you any advice.  
Without reading the will, I cannot give you any advice.  
She still has control overthe contents.  If you desire, you should let her know that she is free to come and take what she wants within the next 'x' weeks, and if she doesn't come then you will continue to use it or put it in storage.
She still has control overthe contents.  If you desire, you should let her know that she is free to come and take what she wants within the next... Read More

First appropriate step to force trustee to provide accounting of trust to me, a beneficiary.

Answered 4 months ago by Mr. Stephen Raoul Garcia-Vidal (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Trusts and Estates
SG
The trustee has fidicuary duties and one of them is to provide an accounting to the beneficiary.  I think you should consult an attorney to help you out. My number is 305-283-4785.  Thanks. 
The trustee has fidicuary duties and one of them is to provide an accounting to the beneficiary.  I think you should consult an attorney to help... Read More
Please accept my condolences on the loss of your mother. As for your question, if the life insurance policy had you as the only designated beneficiary, then your mother's husband would not normally have any rights to it. However, if the life insurance is payable to her estate then he may have some rights to the estate and, therefore, to the insurance proceeds, assuming that he survived your mother. If the insurance is payable to your mother's estate, then her Will would control what happens, in general, if she has a Will, but you may still need to address the fact that she was known to have been married at some point prior to her death and may still have a surviving spouse. If she has no Will, and if she has a legal spouse who is still alive and not divorced from her, then her spouse is one of her heirs, along with you and any other children, and those rights will need to be addressed. In short, if you are the only named beneficiary of the life insurance, it's yours. If not, and if her estate is the beneficiary, get a probate consultation with an experienced probate attorney in the state your mother lived in at her death, and find out what you need to do. Best wishes to you.... Read More
Please accept my condolences on the loss of your mother. As for your question, if the life insurance policy had you as the only designated... Read More
Your father most likely is entitled to the assets, however, it does depend upon the type of asset and whether it is community property or your mother's separate property.
Your father most likely is entitled to the assets, however, it does depend upon the type of asset and whether it is community property or your... Read More
I need more facts.  I need to see a copy of the trust. I am sure I can help, but just need to see more....
I need more facts.  I need to see a copy of the trust. I am sure I can help, but just need to see more....

Trust Or Will...?

Answered 5 months ago by attorney David A. Schechet   |   1 Answer   |  Legal Topics: Trusts and Estates
What you have done may be sufficient.   But in some circumstances, a will or trust might be better.  For example, if any one of the beneficiaries is under 18 or if one of the beneficiaries passes away before you.  
What you have done may be sufficient.   But in some circumstances, a will or trust might be better.  For example, if any one of the... Read More
As a trustee you do have legal obligations, which includes accounting for the trust's assets, liabilities, income and expenses.  I fail to see the nexus between CA and MT.  Regardless, you do have obligations to the other beneficiaries.
As a trustee you do have legal obligations, which includes accounting for the trust's assets, liabilities, income and expenses.  I fail to see... Read More