QUESTION
My mother died leaving the farm in a trust to me and now grandma thinks she owns the farm what do I do?
Asked on Jul 29th, 2013 on Estate Planning - Michigan
More details to this question:
I am 37 and the trust is voided when I am 50. And states the farm and all contents are mine when I am 50. The trust pays property tax and insurance plus gives my grandma half for the bills. She does have a contract stating she has the right to live here as long as she is able. She dictates everything and thinks I have no rights. She can have over anyone she wants but I am not allowed to have anyone over. I am engaged and can't even have my future husband over for sleep over’s at all. So what can I do and do I have any rights at all?
16 ANSWERS
Bankruptcy Attorney serving Florissant, MO
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Law Offices of Thomas Corcoran Phipps
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You are going to have to file a lawsuit in probate court. A judge will have to determine who has what rights.
Answered on Aug 07th, 2013 at 12:07 PM
Litigation Attorney serving Bakersfield, CA
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Dessy & Dessy
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If you are the trustee of your mothers trust, then you are the one that has the right to manage the property in any manner that does not interfere unreasonably with your grand mother's life estate.
Answered on Aug 02nd, 2013 at 7:45 PM
Taxation Law Attorney serving Glendale, CA
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Irsfeld, Irsfeld & Younger LLP
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She is probably not in as much control as you think. But it's impossible to give you good advice without seeing the documents.
Answered on Aug 02nd, 2013 at 7:45 PM
The best solution may be to have a meeting with your grandmother and an attorney specializing in trusts. This meeting could cover the terms of the trust, how it works, who is the trustee and decision maker. Good luck.
Answered on Aug 02nd, 2013 at 7:45 PM
2 Awards
If you live there, you have the right to have your boyfriend over. You do not have any rights over your grandmother however if she has a "life estate" in the property. You might want to talk to the trustee about helping you move somewhere else until your grandmother passes away. If you are getting married you should have your own place anyway.
Answered on Aug 02nd, 2013 at 7:45 PM
Your fact scenario is not clear, especially you stating the trust is "void" when you turn 50. You should hire an attorney to find out exactly what you have and what your rights are.
Answered on Aug 02nd, 2013 at 7:45 PM
Your grandmother has either a life interest in the property or a contract with either your mother or the trust that gives her use of the property for as long as she is able to continue living there. The trust is managing the property for you until you turn 50. Apparently both of you are living on the farm. If you want to kick Grandma out, have an attorney review the documents that allow her to stay on the property to see if the agreement can be broken. Or you can move out until she's not living there anymore. Or the two of you can act like adults, sit down together, and work out an arrangement that you both can live with. A professional mediator can help you with this.
Answered on Aug 02nd, 2013 at 7:45 PM
Trusts Attorney serving Sacramento, CA
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Law Office of Victor Waid
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You are advised to obtain the services of a estate attorney to examine the documents you are referring to, to determine if your grandma has a life estate in the property, subject to your ownership, and possibly work an agreement between you and your grandmother.
Answered on Aug 02nd, 2013 at 7:44 PM
Have an attorney review the trust and your grandma's "contract" to determine what each of your rights are.
Answered on Aug 02nd, 2013 at 7:44 PM
Probate Attorney serving Newport, OR
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Minor, Bandonis & Haggerty P.C.
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The exact language of the trust needs to be analyzed. Who is the trustee? If grandma has the life estate (assuming standard language, but, always, look at the trust document to answer any question regarding the trust), then she has the right to the possession and enjoyment of the property. She cannot commit waste, she has to keep it in good shape for when you take over. Spend a few bucks to have a lawyer review the particular language of this trust. Your lawyer may find specific things in your favor, or may find some leverage you can use against grandma.
Answered on Aug 02nd, 2013 at 7:44 PM
Thomas Edward Gates
The farm is not yours, but rather the Trust. Your grandmother was given a life estate and she defines who can benefit from the property while she is a live.
Answered on Aug 02nd, 2013 at 7:44 PM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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Take the trust document to an attorney so he or she can explain its terms to you.
Answered on Aug 02nd, 2013 at 7:44 PM
3 Awards
You need an attorney to review the terms of the trust and advise you.
Answered on Aug 02nd, 2013 at 7:44 PM
Real Property Attorney serving Utica, MI
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Douglas A. Tull, P.C. Attorney at Law
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It really depends on the language in the trust. You need to speak with a qualified trust and estate planning attorney.
Answered on Aug 02nd, 2013 at 7:43 PM
Business Planning Attorney serving Livonia, MI
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Frederick & Frederick Attorneys at Law
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It all depends on how the property is titled and what the documents say. If you are inheriting from the trust, then the trust document governs. I would suggest that you have a lawyer review it, if your rights are not clearly set forth.
Answered on Aug 02nd, 2013 at 7:43 PM
It depends entirely on what the Trust instruments state. If she has a life estate in the property then she has the right to use it as she wants. Is that what you mean by having a "contract".
Answered on Aug 02nd, 2013 at 7:43 PM