Family trust in place with my husband and brother in law as trustees.
Recently made aware brother in law has home for sale( both parents alive live in home and very elderly one disabled and unable
To communicate) and planning on using proceeds to buy himself a home and “move parents in with him”.
My husband was not told of any of this. Family trust in place since 2013. Quitclaim deed in name of both husband and his brother.
ANSWER BY MARGARET CROSS-BELIVEAU:
Maybe yes, maybe no. It all depends on how the trust is drafted and what powers the trustees have. However, if the house is only in your husband’s and brother-in-law’s name, then it is not owned by the trust. The property would have to be owned by the trust for the trust to control.
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Legal Disclaimer: Please note that this answer does not constitute legal advice, and should not be relied on since each situation is fact specific, and it is impossible to evaluate a legal problem without a comprehensive consultation and review of all the facts and documents at issue. This answer does not create an attorney-client relationship. A lawyer experienced in the subject area and licensed to practice in the jurisdiction should be consulted for legal advice.
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The estate administration and estate planning attorneys at the Beliveau Law Group provide legal services for estate planning, probate, estate administration, and trust administration. The law firm has offices and attorneys in Naples, Florida; Waltham, Massachusetts; and Salem, New Hampshire.