QUESTION

Great grandfather (of Cobb County, GA.) to my two minor children deeded his second home (in White County, GA.) to them and me.

Asked on Jun 27th, 2012 on Trusts and Estates - Georgia
More details to this question:
Under threat of a bogus law suit against my husband (since dismissed), my father suggested to put the house in a trust, of which he holds power of attorney. Now, he wants to kick us out of the house deeded to us so that he can rent it and make a monthly income. Can he remove us from this house even though our names are on the deed? Can I block him from doing this?
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1 ANSWER

Personal Injury Attorney serving Fayetteville, GA at Wade Law Office
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I am not completely clear about your exact situation. It sounds like your father transferred his second home to you and your husband, and that you and your husband later transferred the house to a trust controlled by your father in hopes of avoiding your husband's potential creditors. The reference to "power of attorney" does not make sense in the context in which you've used it, since "power of attorney" is a power one individual gives to a second individual to carry out actions for and on behalf of the first individual, and does not involve a trust. I believe you mean that your father is the Trustee of the trust. But then you state that your name and your husband's names are on the deed, which would imply that the house is not in a trust at all, since to put the house into a trust would have required you and your husband to sign a new deed transferring title to your father, as Trustee. I very strongly suggest that you find a good lawyer who can review all of the relevant documents and figure out exactly what is going on and what rights you have. This is not a forum which is going to be suitable for that, since the actual documents involved are absolutely critical and I would need to review them all before I could begin to tell you what to do.
Answered on Jul 10th, 2012 at 8:50 AM

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