Trusts Legal Questions

This is one of the MANY reasons why people shouldn't leave life estates to people without a lengthy document specifying rights and obligations. If the will did not specify, generally the life tenant is responsible for taxes, insurance and routine maintenance. But if no rights of inspection were spelled out in the will, you are pretty much on your own. The life tenant has the right to the full use and enjoyment of the property. Unless a separate writing gave you the right, you have no right to enter onto the property. Certainly I would recommend checking regularly on the status of property taxes, to be sure the property doesn't end up in a tax sale. You could also drive by periodically. But if you want to do an inspection, and if the life tenant doesn't voluntarily allow it, you would have to go to court to try to force the inspection.... Read More

No, the parties must sign each document requiring verification. Photocopies of prior signatures are not valid. I'm not sure why this would be an issue for you. The parties themselves would have a reason to object if their attorney submitted documents without presenting those documents to them for signature prior to filing.... Read More

You need to file a written objection to being removed as trustee. You say the daughter has not fulfilled all the wishes in the trust. But you are co-trustee. You and the daughter were equally responsible for carrying out the terms of the trust. This death was almost 1.5 years ago. If the daughter had effective control of the assets and has not distributed them properly, you could not only objection to her petition to remove you, but include in your objection a request that she be removed. You will need a lawyer for this.... Read More

I assume the trustmaker is now deceased. If they didn't sign a prenuptial agreement, his wife is entitled to all of the community property and 1/3 to 1/2 of all the trusmaker's separate property (depending on how many kids there are). Her rights supersede the trust. In these cases, it's usually best to gather all heirs and beneficiaries and work out a written settlement agreement.... Read More

I can't imagine what the parents are thinking. It sounds like they've heard incorrect information somewhere. If the disabled person marries, the spouse's income will be counted when determining whether or not the disabled person gets benefits. And even if the spouse is disabled and qualifies for benefits, the government has exaggerated ideas of how much a couple saves by having one household; the total check for two people is about 1.5 times the check for one person. Because of this, when a person depends on benefits, they need professional advice before marrying. In most cases, far from solving any problems, marrying creates a financial disaster. The parents can provide for the disabled person by establishing a special needs trust for his/her benefit to which any inheritance can go. In any event, the state does not have a claim for reimbursement of benefits paid on behalf of a disabled person until the disabled person dies, not when the representative payee dies.... Read More

As the surviving spouse, she is an omitted spouse under the will in which she would be entitled to all community property, and 1/3 of the separate property (if he had more than one child).  She can also petition the court for a probate homestead to allow her to live at the home for the rest of her life.  She also has the first priority to be the administrator of his estate.  Contact an attorney for a full consultation.... Read More

Being a trustee is different from being a beneficiary. Declining to serve as trustee does not take away your right to receive whatever your parents left you in their trust. That said, only sign if you trust your sister who went to the lawyer to administer the trust exactly as it is written, taking absolutely no extra advantage to herself from being in charge. Things to consider: (1) the person (or people) who serve as trustees are entitled to be paid for doing that; (2) it is very cumbersome and slow for four people to serve as trustee. All four of you would have to sign every document. You might talk to your other siblings and see whether the three of you who received letters could agree on only two of you resigning, and the other one staying on as co-trustee with your sister, for some oversight.... Read More