QUESTION

How can an aunt take the entire family trust?

Asked on Feb 11th, 2014 on Estate Planning - Missouri
More details to this question:
My grandmother owned five acres. My mother had a home on the property also. My aunt sold the entire property including my mother’s house and my grandmother for 1.3 mil. They paid cash for a new home and let my mom live in it but listed it as a rental I guess for tax purposes and creditor protection? My aunt bought a new home but instead of paying cash, they have a mortgage on theirs. My mom invested $250000 dollars and my grandma was 94 years old when they set up the trust it was supposed to be split 3 ways because there was 3 daughters. I was informed today from my aunt that she took the full million for herself. My mom left me the house in her will that she assumed was hers n supposed to be hers, and I was told I will not be getting the house and that the house is going to be sold. I've taken care of my mother for years and quit my job of $50000 a year to take care of my mother. I've spent hundreds of dollars remodeling and building waterfalls for my mother and I had zero help. I had to do everything for her except physically feed her. I gave up a lot for the love I have for my mom. And I was told that was my daughterly duties. No it was my honor not my obligation. I just don't see how she can get away with giving my mother next to nothing or nothing and my mother not having a say about what her wishes were. And invest and give up her other home and have nothing in return. I am in shock and so disturbed by all this. I am sick to my stomach. What can be done! There should be a law and criminal punishment for this. Please tell me something can be done!
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13 ANSWERS

First, hire a lawyer. There are many complex issues in your post. At the heart of it, you should have an action for breach of the trustee's duties. Get started now. The longer this goes, the harder it will be to prove anything, and eventually the statute of limitations will cut you off.
Answered on Feb 18th, 2014 at 4:14 PM

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You have to get a copy of the Trust document and see what it says. That language binds what can be done. The wording may be different than what you anticipate as when she got the loan for her property there should have been a title search. Once you know what the trust says, you can re-ask your questions to see what you can do.
Answered on Feb 18th, 2014 at 3:18 AM

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Contact a probate attorney for advise.
Answered on Feb 18th, 2014 at 3:17 AM

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Trusts Attorney serving Sacramento, CA at Law Office of Victor Waid
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Suggest you obtain the service of probate litigation lawyer to sort this mess out and give you guidance re your options.
Answered on Feb 18th, 2014 at 3:16 AM

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Edwin K. Niles
Far too complex for this forum. Someone needs to review the trust and all actions of the trustee.
Answered on Feb 18th, 2014 at 3:16 AM

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Probate Attorney serving Roseville, CA
Partner at James Law Group
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GET AN ATTORNEY ASAP to review what happened and how. If you want to hold your aunt accountable, run, don't walk to an attorney.
Answered on Feb 18th, 2014 at 3:15 AM

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Business Planning Attorney serving Livonia, MI at Frederick & Frederick Attorneys at Law
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Something *may* be done. Your situation is very complex, however, and no one can give you any kind of answer without seeing the documents and reviewing the entire situation. Title to the assets, as well as the terms of the trust/will, etc. will dictate how you need to proceed. You should visit with a probate litigation attorney, as soon as possible.
Answered on Feb 18th, 2014 at 3:15 AM

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Commercial Contracts Attorney serving Boise, ID at Peters Law, PLLC
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You must talk with a local attorney to figure out what rights you have. It sounds like your aunt breached her fiduciary duty and if she did and the statute of limitations has not run, you may have a remedy. But there are too many questions and too many issues for anybody to give you definitive answer on what you have stated.
Answered on Feb 18th, 2014 at 3:14 AM

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Probate Attorney serving Las Vegas, NV
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You need to hire an attorney to review the trust and records to advise you.
Answered on Feb 18th, 2014 at 3:14 AM

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Commercial Attorney serving Chicago, IL at Ashcraft & Ashcraft, Ltd.
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You need to know who held title to the property when it was sold. You need to find out if your grandmother had a Will and/or a Trust when she died and what the terms of the trust were. You need to find out if your Mother had Will and/or a Trust when she died and terms of those documents, if any. You need to know how the assets your mother used for her support were owned.
Answered on Feb 18th, 2014 at 3:14 AM

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Estate Planning Attorney serving Nashville, TN at Strickland Law, PLLC
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You need to hire counsel to represent you for the ostensible fraud.
Answered on Feb 18th, 2014 at 3:14 AM

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Creditor's Rights Attorney serving Clayton, MO at Fluhr & Moore, LLC
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The facts as you explain them are a bit confusing as to who set up the trust and who funded the trust. Nonetheless, the terms of the trust control? and you should see if you can get a copy.
Answered on Feb 18th, 2014 at 3:13 AM

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Appellate Attorney serving Grosse Pointe Farms, MI at Musilli Brennan Associates, PLLC
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You will have to see an attorney to sort this out. All of the facts need to be examined.
Answered on Feb 18th, 2014 at 3:13 AM

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