Chat with us, powered by LiveChat

living trust

Must a trustee transfer the title of a home he inherited (currently in a Trust) before selling it?

ADDITIONAL INFORMATION: My friends brother was “willed” a home from his Father. His Father setup an irrevocable trust to handle his assets after death. My friends brother kept this property within the trust for almost 24 months, expensing taxes, repairs and other items as trust expenses, then sold the house directly from the trust and is now claiming 100% of the proceeds of the sale of the house. In other words, he charged the trust $20k

Read More »

How do I make the Trustee of my irrevocable Trust make good on an addendum that was written into the Trust?

ADDITIONAL INFORMATION: The trust states at ages 21, 25, and 35, I could withdrawal certain percentages of the principal for family needs.  At age 25 instead of taking 33% of 1.4 million, I agreed to purchase a home, go on vacation, and buy my now wife wedding ring. In the addendum, it states if I would like to purchase the home that I’m living in now I can have the opportunity to do so for $100,000. 

Read More »

Can I correct my name in a living trust?

ADDITIONAL INFORMATION: My mother had a living trust made in 2002. The account who did the living trust had passed away in 2014. My mother passed away in Oct.2017. He put my name as Maria. My name is Marie. ANSWER BY MARGARET CROSS-BELIVEAU: The revocable trust because irrevocable upon your mother’s passing.  There is no changing it now. A one letter difference in a name is not a fatal error.  It is called a scrivnor’s error. 

Read More »

Trust distribution question

ADDITIONAL INFORMATION: My sister is trustee on my mother’s trust.  She thought she could give me house because I was the oldest of my siblings.  Is that true? Now I don’t think that’s true because I have a lot of siblings that are beneficiaries on the living trust. ANSWER BY MARGARET CROSS-BELIVEAU: Distributions from the trust are governed by the terms of the trust. The Trustee should consult an attorney to determine if she is following

Read More »

Can a Will be written to say that a home is left to remaining siblings but if they die their share goes back to the others?

ADDITIONAL INFORMATION: My husband owns his family home (he does not live there). His brother lives there. He wants to put in his Will that the house is left to his seven brothers and sisters. He wants this house to remain in the family. He does not want any spouse or dependents to get this property. It’s like the last one standing will get the house. Is there any legal way to address this in a

Read More »

How does a living trust work?

ADDITIONAL INFORMATION: I spoke to an elder care attorney about my mother going into a nursing home. I told him I have POA, healthcare surrogate and Will with me as executor. I had concerns about my mother’s home. My sister has been caring for her in our mother’s home for 4 years. She has Alzheimer’s and it’s time for her to be in a nursing home. He advised me what paperwork to get together and that

Read More »

If a living trust and last will gets modified within 180 days of death, is it valid?

ADDITIONAL INFORMATION: I was named as executor of a last will, and trustee of the living trust. My brother moved in next door to my Mom (the grantor) and now the trust has been restated with my brother as the executor of the last will and trustee of the living trust. Mom has fallen ill. How many days must pass before the newest last will/living trust is valid? Is there a minimum number of days that

Read More »

Can my siblings petition my mothers “irrevocable trust” to have me removed if I have done nothing wrong?

ADDITIONAL INFORMATION: My brother and sister have indicated that they want access to my moms money in the bank and will get a lawyer to help them. I am the sole trustee and POA for all of her assets and medical care and have done nothing wrong. Can they have me removed by majority, as the other two beneficiaries? ATTORNEY ANSWER BY MARGARET L. CROSS-BELIVEAU: As Trustee, you are allowed to hire experts to help you

Read More »
Call Now Button
Email us now
close slider
  • How Can We help?