QUESTION

If a person is listed on the trust when it is made, do they have to sign the trust to be valid and allow them the right to view the trust.

Asked on Jan 16th, 2012 on Trusts and Estates - Alabama
More details to this question:
My two oldest sister took my parents to birmingham,al. from panama city,fl. and i could not make the trip up to meet them and this is when i found out they my parents put them on there bank account. My other sister raised concerns and they put her on the power of attorney and still did not include me. Since then my parents have not been fully sound, mom died last year. My sisters would not listen to me when i told them that things should be put in a trust and done by a lawyer. This was to keep it out of probate, but the sister with power of attorney let my youngest sister make the trust & I told them that she was not qualified to do this. She had it checked out again later and found out she made mistakes which is when they asked for my social sercurity # and told me if i needed to sign anything they would send it to florida to sign. This never happened and it was never done by a lawyer and i feel that when my father passes away i will not be sure things were done correctly.what to do?
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1 ANSWER

Mediation (Family, Estate, Elder/Adult Care, Divorce) Attorney serving Tulsa, OK at Gale Allison, PLLC
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Beneficiaries named in Trust documents do not sign the Trust. Only the person creating the Trust and the trustee of that Trust execute the instrument by signing it. Also, beneficiaries have no right to see the Trust, until the person who made the Trust dies. Although a lawyer is not required to set up a Trust, it is highly improbable that a person with no training could do it properly. An improperly created Trust is not likely to have the effect that was intended and people often wind up in court over it. That can take more in costs and time than probate would.A Power of Attorney is not the same as a Trustee or an Executor (or Personal Representative) for a Will. A Power of Attorney is a document giving someone the responsibility to carry out whatever specified business is authorized by the document. When the person who created or gave the Power of Attorney dies, the Power of Attorney is immediately void.If your mother died with any property that was in her name only (not shared with anyone else), the property would have to go through the probate process if it was not titled in a Trust. If she died with property that was jointly owned with rights of survivorship, there would be no probate required and the property would become entirely owned by whoever else was a joint owner. (It is common for married couples to own property jointly, so that if one dies, the other automatically is the sole owner.) If your sister was on a bank account with your mother that typically means the sister inherits the bank account because she was a joint owner. If there were other joint owners (father, sisters, etc.) they would also inherit the account.From the little information you give, I can see no reason for you to give anyone your social security number.What to do? Get an experienced Alabama estate lawyer to go over the details with you, verify what has or has not occurred and help you understand your options. To your success,Gale Allison, Principal AttorneyThe Allison Firm, PLLChttp://www.theallisonfirm.com
Answered on Feb 15th, 2012 at 12:28 PM

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