QUESTION
How do I protect myself from my brother who is Executor, from selling my mothers property out from under me once she passes?
Asked on Jun 26th, 2019 on Wills and Probate - Georgia
More details to this question:
I am my mothers full-time caretaker. She is 93. I quit my job last year in order to care for her. In her Trust, but not her Will, she allows me to stay in her house for as long as I can as long as I pay the upkeep of the property. My brother, who is her Executor, wants her to break the Trust so that we do not have to pay taxes on the proceeds from the sale of the property. I am concerned that if the Trust is broken, he will sell the property as soon as he can. How can I protect myself from this?
3 ANSWERS
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You protect yourself by making sure yoru mother has good legal advice and that her documents insure that her wishes are carreid out. If what you want is what you beleive your mother desires, then you need to make sure your mother sees a lawyer who can assure her that the current plans allow for an outcome as you want.
Answered on Jun 27th, 2019 at 8:14 AM
4 Awards
All you can do is, after your mother dies, hire an attorney to protect your rights.
What your MOTHER can do, assuming that she is willing and competent, is update her estate planning so that her documents work together and are consistent- if she wants you to have the right to continue living in her home, she needs to make absolutely certain that both her Will and her trust (I assume that you mean a revocable trust) are consistent. She should also consider putting someone other than your brother in charge if he's not trustworthy and is unlikely to respect her wishes after her death.
Best wishes to you.
Answered on Jun 27th, 2019 at 6:43 AM
This answer is being provided as general information and not as legal advice. No attorney-client relationship is created by this answer.
2 Awards
See a local attorney. It is questionnable whether the trust can be "broken" or whether this would save taxes were the property sold while your mother is alive or after she dies. You may also need a family caregiving agreement with your mother. Many estate planning attorneys are familiar with trusts. Given the caregiving component, you may want to see one who is also an elder law attorney. Consider using the Find a Lawyer function on the website of the National Academy of Elder Law Attorneys (www.naela.org)
Answered on Jun 27th, 2019 at 5:13 AM
This is general information. It cannot substitute for a personal consultation with an attorney. It is not intended to be legal advice or imply an attorney-client relationship.