QUESTION

Trust

Asked on Jan 18th, 2013 on Trusts and Estates - New Jersey
More details to this question:
Father passed 2012 had trust (irrovecable) set up in 2000 with me getting 2 homes. However, did a Last Will in 2006 & gave me only one & 3 to my sibling. Is this legal? Can I dispute?
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1 ANSWER

Elder Law Attorney serving Toms River, NJ
Partner at Diana L. Anderson
2 Awards
If you father created a trust in 2000 and the trust gave you the homes, then he would have needed to put the homes in the name of the trust.  If he did not do that, but instead, left the homes in his own name and then did a new will, then the homes are part of his estate, and pass through the will.  The question is - did your father chage the deed on the homes when the trust was made?  If he did not, then the will governs the distribution, not the trust.  If he did, an the homes are in the naem of the trust, then you should receive the homes. 
Answered on Jan 25th, 2013 at 3:42 PM

Diana L. Anderson, Certified Elder Law Attorney This response is not legal advice and does not establish any form of attorney/client relationship

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