More details to this question:
I was made Trustee in a Living Trust. Then the Grantor and I married. He was a lot older. He just said that I would get everything. He had memory lapses. Now I find that I own only 1/2 of the house we live in. The other beneficiary was his late wife's friend. Never came to visit. How do I remove her legally?
16 ANSWERS
If she is named on the Deed only she can remove herself. Perhaps, your husband can ask her cooperation.
Answered on Aug 22nd, 2013 at 1:31 PM
Trusts & Estates Attorney serving Camarillo, CA
at
Law Offices of Larry Webb
Update Your Profile
You probably don't. only a person who created the trust or has a power of appointment, can change the distribution.
Answered on Jul 31st, 2013 at 9:08 PM
Bankruptcy Attorney serving Florissant, MO
at
Law Offices of Thomas Corcoran Phipps
Update Your Profile
You can't. Only the Grantor can change the terms of the trust.
Answered on Jul 29th, 2013 at 12:38 PM
Commercial Contracts Attorney serving Boise, ID
at
Peters Law, PLLC
Update Your Profile
Is he dead? If so, you probably can't unless the trust instrument gives you that right. Is he alive and competent? Then he can make the change. This could have been avoided if you had read the trust document first.
Answered on Jul 27th, 2013 at 4:34 PM
Thomas Edward Gates
Because it is a living Trust, if the house's deed has been transferred to the Trust, then the Trustee can transfer it back to the Tustor. Your husband can also rescind the Trust since it's revocable.
Answered on Jul 27th, 2013 at 4:34 PM
3 Awards
Consult the terms of the Trust, but I would guess that you are not able to make such a change. You should have the trust reviewed by an attorney who may advise you on the same. This information is only intended to give general information in response to an inquiry. It does not establish an attorney client relationship. This response is only based upon the limited facts presented and is merely intended to assist you in determining if you should contact an attorney to provide you with legal advice.
Answered on Jul 27th, 2013 at 4:34 PM
Admiralty / Maritime Attorney serving Monrovia, CA
at
The Law Office of Nathan Wagner
Update Your Profile
Is your husband still living? He can change the beneficiaries of his revocable trust. Your position as trustee does not give you authority to remove any beneficiaries.
Answered on Jul 27th, 2013 at 4:33 PM
You do not state whether he has died, in which case the Trust has vested, or whether you are in a community property state.
Answered on Jul 27th, 2013 at 4:33 PM
Appellate Attorney serving Grosse Pointe Farms, MI
at
Musilli Brennan Associates, PLLC
Update Your Profile
You could have major issues and if his memory lapses progress to incompetence there will be nothing you can do to change the plans and trusts in place. If you are in Michigan call to engage us and with further details.
Answered on Jul 27th, 2013 at 4:33 PM
2 Awards
Buy her out. You cannot remove her as she has an interest in the property. If you don't want her to have an interest in the property, you must either get her to sign off as a gift to you or you must buy her out. You will want to be careful here as your description of "a lot older" and "he had memory lapses" may be construed as you taking advantage of him, and you don't want to look a gift horse in the mouth and get greedy and end up losing more than just 1/2.
Answered on Jul 27th, 2013 at 4:33 PM
Probate Attorney serving St. Louis, MO
at
Edward L. Armstrong, P.C.
Update Your Profile
You mention that you only "own 1/2 of the house we live in." Is that how the house is titled? You won't be able to change that yourself. You husband would have to agree with you on that. You could file a law suit to "partition" the land this could be a long process and there are no guarantees that you would be successful. You do have a right to elect to "take against his estate." This is a legal issue and you need legal advice on this. You could not exercise this election until your husband dies. My suggestion is retain counsel and protect the rights you do have as a spouse.
Answered on Jul 27th, 2013 at 4:33 PM
As a trustee of the trust, you cannot amend the trust. You need to take the documents to an estate planning lawyer for assistance.
Answered on Jul 27th, 2013 at 4:33 PM
Litigation Attorney serving Stockton, CA
at
Patrick Jay Edaburn
Update Your Profile
It is hard to answer without knowing more details. If the deed to the property is half in the trust and half in her name then you probably cannot do anything. If the whole house is in the trust and she is a beneficiary of the trust then he, if competent, can amend the trust to remove her. If he is no longer competent to change/amend the trust then it is harder.
Answered on Jul 27th, 2013 at 4:33 PM
Business Planning Attorney serving Livonia, MI
at
Frederick & Frederick Attorneys at Law
Update Your Profile
There may not be a way to do so. It depends on what the documents say. I assume that your husband has passed away? If so, I would have a lawyer review the paperwork to determine where you stand.
Answered on Jul 27th, 2013 at 4:33 PM
Trusts Attorney serving Sacramento, CA
at
Law Office of Victor Waid
Update Your Profile
Go to an estate planning lawyer to advise you as to the proper amendment needed to the trust not knowing whether a death has occurred. If the attorney needs to proceed legally on your behalf to carry out the promise your husband made to you will need a probate litigation attorney.
Answered on Jul 27th, 2013 at 4:33 PM
Estate Planning Attorney serving Wilmington, DE
at
Reger Rizzo & Darnall, LLP
Update Your Profile
If your husband is deceased or incompetent, you cannot change the distribution of his Estate.
Answered on Jul 27th, 2013 at 4:33 PM