QUESTION
Can a stepmother sue the daughters for selling their dad's estate?
Asked on Dec 16th, 2013 on Estate Planning - California
More details to this question:
Dad did a living trust and turned other the deed to my sister and me on 09/2012. We sold the estate and arrangement with the current owners to rent to our stepmother until March 2014. She is waiting for a place to open for a senior assisted living. Now she is trying to sue us. Can she do this? Thank you.
11 ANSWERS
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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Yes, she can sue, the question is if she can win.
Answered on Dec 20th, 2013 at 7:44 PM
The best advice is for you to consult with an attorney who specializes in trust and estate matters.
Answered on Dec 20th, 2013 at 7:44 PM
Business Planning Attorney serving Livonia, MI
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Frederick & Frederick Attorneys at Law
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I believe you just posted a very similar question. You should see my response to that question. People can almost always sue. Whether they will win or not is the better question. To know that answer, your documents need to be reviewed. It is possible to disinherit a spouse through a trust in Michigan. The Deed is going to be trickier, though, because the spouse has dower rights. It is not clear from your facts what took place.
Answered on Dec 20th, 2013 at 7:44 PM
Anyone can sue anyone else for anything. The better question is "Can she succeed in her suit?" The answer may be yes, if you violated the terms of your father's will or trust as it relates to her and her need for housing. However, if your father's trust left the house to you and your sister outright without any provisions for your stepmother, you should be able to do with it as you wish.
Answered on Dec 20th, 2013 at 7:44 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 assistance of a trust administration litigation lawyer to review the documents you are referring to determine the rights of each individual in the trust.
Answered on Dec 20th, 2013 at 7:43 PM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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Sure, she can sue you. Whether she wins is a separate matter. As long as you did what you were allowed to do under the trust, you should be fine. However, since she has sued you, you need to hire an attorney to defend you. The attorney should be able to provide guidance.
Answered on Dec 20th, 2013 at 7:43 PM
3 Awards
People can always sue one another. Whether she has a valid cause action, that is another question. Seek legal counsel experience in trust litigation. You may be able to nip it in the bud. If not, it may be a long process. Good luck to you.
Answered on Dec 20th, 2013 at 7:43 PM
If you followed the terms of the Trust you can not be successfully sued. What is the basis of her complaint against you?
Answered on Dec 20th, 2013 at 7:43 PM
Edwin K. Niles
Anyone can sue anyone. She has an up-hill battle, however.
Answered on Dec 20th, 2013 at 7:43 PM
What were the terms of the trust? That is going to answer your question. Had the stepmother been granted any rights to the property?
Answered on Dec 20th, 2013 at 7:43 PM
2 Awards
It depends upon what the trust says. If it was deeded to you and your sister however, she may not be able to unless she can prove it was or had an element of community property character.
Answered on Dec 20th, 2013 at 7:43 PM