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RayAnswers, Attorney
Category: Estate Law
Satisfied Customers: 29512
Experience:  Texas lawyer for 29 years in Estate law
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So I have a question --again--about my Dads will. He had a

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So I have a question --again--about my Dads will. He had a revocable trust. But as I said---he told me no one could change his will--and he told me one day I would be 'rewarded' for all I was doing for him. I told him I did not like how he used that word 'rewarded.' because I told him I was taking care of him because I loved him. But now that my family has brought up all these THREATS about cutting me out of his will and I recall him saying that they will cut me out. I am wondering how they can do that if it is impossible for them to do so--after he has died--according to how you explained it to me. Maybe I did not understand it right or I missed something. The jargon gets confusing after awhile. My dad seemed so sure that they could not do anything and he seemed to be sure that he set something up to protect and take care of me in the future--no matter how hard anyone would try to undo what he did. Can you explain why he might have been so sure of that? Also they (my family) seems pretty interested in whether of not I will be taking THEM to court or seeking legal avenues. And yet--they also seem to want to threaten or leave an air of the possibility that they MIGHT use legal avenues as well. They asked me "What if I they were not happy with the signature on the gift letters--would I still leave the house/give back money etc?" I said NO--because I have done nothing wrong....then they said well--you need to leave the house etc...again they are making me feel like a criminal. I do not like that. It is not right or fair--esp after I was here taking care of their Father and I was with him the night he died--I was the only one with my Mother that night. She said how glad she was I was here...During the funeral-- no one would talk to me/comfort me etc...and I became concerned about my Mothers driving because driving to the funeral home she took a wrong turn and drove up on a median--then I directed her into a parking lot to turn the car around --she was bouncing off curbs--finally we got to the funeral home and did our business--and then leaving the funeral home to go home she ran a red light. I was concerned for her--and myself--we both could have been killed if here was normal traffic--or SHE could have killed someone with her terrible driving. I asked my siblings to speak to her--since our relationship is not great. They refused to speak to her--saying now was not the time. I said YES--NOW IS the time...she should not be driving if she is THAT bad of a driver--if she kills someone--or herself--and we know about it--it is on our heads. And possibly worse--if others KNOW we knew how bad she was--than as guardians or Powers of Atty--altho I am not sure they still are according to what you said...They were apptd by BOTH my parents according to their will I believe... But I am sure their auto insurance has adequate coverage if my Mother hurts someone--but I know some personal injury lawsuits can be pretty expensive and they will go after the estate. My Dad set up a nice nest egg for them in retirement--it is there for her if she needs it to take care of her for her living or any other health issue--but one bad accident or lawsuit could eat it up. Am I right? THis is what triggered the whole problem with me and her demanding that I pay her the money back--I asked that she get evaluated for her driving. And if she did not go in voluntarily--than I would have to anonymously report her to the DMV--because I was THAT concerned about her being behind the wheel. I just could NOT allow her on the road. Not after the ride she gave me the day we went to the funeral home. Granted she was under some emotional stress--but that could continue. Having gone thru years of rehab after a TBI--I cannot allow anyone else the trauma of an accident and recovery--or worse. But it DID surprise me that my siblings were more concerned about hurting my Mothers feelings and allowing to let her continue to drive than keeping her off the street when they KNEW she was not safe. What does the law say about a situation like that? Am I being too rough on my Mother? I simply asked her to submit herself to a driving program for the elderly--sponsored by a local hospital--if she did not pass the program than she could not drive anymore--but it would be up to her to prove it. My sister and brother were with her all this week. I am pretty sure they did not take her in to get evaluated. She will continue to drive on her own.
Submitted: 1 year ago.
Category: Estate Law
Expert:  Irwin Law replied 1 year ago.
Hello. Thanks for submitting this question and I will do my best to assist you. Your lengthy statement of events, conversations, etc...only tells me what facts you are aware of. We provide legal information and this forum works best if you ask specific questions so we know exactly what information you are seeking.
Customer: replied 1 year ago.

I need to know if I should be worried if my family--specifically my Mother and siblings--will get a lawyer to try to get the money back from me. It seems unlikely that they would since my Father made clear that he meant for me to have it--because he wrote it to me in the form of checks--not just one check but two. And then he signed two sets of gift letters--to two separate banks--to support my home buying pre-approval process. I need to know how I can convey this to my family--legally and outside of legal terms--so they can believe my Father (not just me) since he is no longer with us to explain it to them. Because they are calling BOTH of us liars. Esp me. And now no one in my family is trusting or respecting me because of this. I am worried that if I use the money to do what my Father intended than I may put my monthly budget and credit in danger --if they DO try to come after me to get it back. Or they possibly might try to take my home?? Again this would undermine everything my Father was trying to accomplish with giving me the money. He wanted me to have some security. He wanted me to get on my feet and be in a place where people could not kick me out of my home. My other questions are concerning the fact that they have been threatening to cut me out of the Will (my Dads Trust which is now my Mothers) He had a revocable Trust. He always told me I would be taken care of and no one could touch/change it. But it seems now they are threatening that if I DO NOT do what they ask--give them back the money that they SAY I took--then they are telling me I WILL be OUT of the Will. I feel if I move out of my parents house (now my Mothers house) without giving her back this money--it is saying to them--that I agree to "THEIR" terms. Which is NOT true. I simply do not agree to what they are saying. And they need to recognize what my Father did and stop making me pay for his kindness towards one of his own children before he died. Is there some way I can get this all recognized legally without suing them or spending a lot of money legally? I am trying to just keep the peace and calm everyone down--so we can all continue to grieve my Father and go on with our lives. And I would just like my reputation back --with my family and outside my family. I want to live my life in peace and security. I hope this helps you understand my questions.

Expert:  Irwin Law replied 1 year ago.

I will be away from the computer for most of the rest of today, so I will open the question for others to participate. Please do not reply to this since that will lock the

question back to me.

Expert:  RayAnswers replied 1 year ago.

Thanks for your patience here Barbara .Please let me assist you today.

If your father here gifted you cash or other assets while he was alive I do not see that legally they would have any claims to pursue.Your father appeared to be of sound mind as he authored letters on your behalf as well.You need not return anything gifted to your prior to his passing.

As far as any will or trust here that names you as beneficiary if he deceased I do not see that they can cut you out or limit you as a beneficiary.I would consider your own lawyer in this matter to make sure you are protected.If the others are named as executor or trustee they have a fiduciary duty to you and the trust/estate to protect it and deal fairly with you.They may be removed by a judge based on your civil complaint alleging such violations.

A lawyer to respond to these issues and to protect your rights overall is a good way to deal with this.Obviously the other relatives appear to not have your best interest in mind and a lawyer to deal with all of this might ease the burden on you.Again I see no basis to return anything gifted to you, it is yours to do what you want with it.A lawyer would also make sure that if you are a beneficiary of any trust or will that you get your fair share of all of this as well.

I appreciate the chance to assist you today.Please let me know if you have more follow up.I know this can all be kind of overwhelming to you.A lawyer to protect your rights might ease that burden of dealing with the relatives.

 

I hope that you will be so kind as to leave a positive rating. If you do have any additional questions about my answer please click the "Continue Conversation Link" so I can provide you with a fully satisfactory answer. Please be aware that any rating of 1 or 2 is reflected as a negative rating and I receive no credit for my answers.

 

This communication does not establish an attorney-client relationship.Information provided here is not legal advice. Rather it is simply general information.

 

 

Expert:  RayAnswers replied 1 year ago.

Barbara here are lawyer referral services in your state.You would be looking for an estate lawyer..

Nebraska

 

Nebraska State Bar Association Volunteer Lawyers Project
Lincoln, NE

Phone:(NNN) NNN-NNNN
Toll free:(NNN) NNN-NNNN(In-state only)
Counties Served: Statewide, except for Douglas, Sarpy, Washington

 

Omaha Bar Association LRS
Omaha, NE

Phone:(NNN) NNN-NNNN
Counties Served: Douglas, Sarpy, Cass, Washington

Nebraska law allows for trustee removal here by you.

30-3862 (UTC 706) Removal of trustee.

30-3862. (UTC 706) Removal of trustee.(UTC 706) (a) The settlor, a cotrustee, or a beneficiary may request the court to remove a trustee, or a trustee may be removed by the court on its own initiative.(b) The court may remove a trustee if:(1) the trustee has committed a serious breach of trust;(2) lack of cooperation among cotrustees substantially impairs the administration of the trust;(3) because of unfitness, unwillingness, or persistent failure of the trustee to administer the trust effectively, the court determines that removal of the trustee best serves the interests of the beneficiaries; or(4) there has been a substantial change of circumstances or removal is requested by all of the qualified beneficiaries, the court finds that removal of the trustee best serves the interests of all of the beneficiaries and is not inconsistent with a material purpose of the trust, and a suitable cotrustee or successor trustee is available.(c) Pending a final decision on a request to remove a trustee, or in lieu of or in addition to removing a trustee, the court may order such appropriate relief under subsection (b) of section 30-3890 as may be necessary to protect the trust property or the interests of the beneficiaries. SourceLaws 2003, LB 130, § 62.AnnotationsA proceeding initiated under section 30-3814 and this section to remove a trustee is a special proceeding within the meaning of section 25-1902. In re Trust of Rosenberg, 269 Neb. 310, 693 N.W.2d 500 (2005).
Expert:  RayAnswers replied 1 year ago.
You can also confidentially report your mother to DMV and they will investigate her abilities to continue to drive.

Reference.


http://www.transportation.nebraska.gov/nohs/granddriver.html#Reporting

You might save her life by doing so as it appears she is no longer able to do so safely.

Thanks again.
Customer: replied 1 year ago.

Thank you very much. Yes--he also gifted me an older SUV he had in his revocable trust as well. I am not sure how much longer the car will run properly--but it is some kind of transportation to get me from point A to Point B till I get on my feet. He also "gifted" this in the form of a sale to me when he signed over the Title and sold the car to me for a dollar. Yes--he was of sound mind and he KNEW what he was doing. Like the money he gave to me for a down payment on a house. Right now I feel as if I am on a time limit to BUY a house. As you might know it takes time to search for the right house and then inspect and close on it --IF you can actually FIND the right house for the right price....My Mother giving me this deadline to move out is not helping me. Plus I have moved all my belongings to storage--which is costing me a lot each month. The idea was for my parents to allow me to live in their home till I could find a home--so I would save money while searching. Since I moved here from another State. I had to move everything --besides my belongings--I had to transfer my health insurance, prescriptions etc...I am disabled from a TBI...So this makes the logitistics of her kicking me out at this difficult time even more puzzling to me. I am concerned about her ability to reason and consider the situation and her true care and concern for me--in light of what she is doing. It does not make sense to me that she would do this given that she knew that she agreed to helping me transition to settling into a new home and supporting me with the process --including financial and the time needed --as well as staying in their home till I found the home and was able to move in after close. I do not know if I have time to go through a legal process to get a judge to sort out all these details? For my immediate needs or the future concerns of the Will--and how I feel she is not competent to handle the Trust. I am not certain that my siblings are actually handling the aspects of the Trust--as executors, beneficiaries or possibly advising my Mother. I know her atty (the real executor) of her will --and my Fathers Will is handling THEIR estate planning. Should I be be filing a civil complaint with him? Or with the City or State?

Expert:  RayAnswers replied 1 year ago.
You would need to file in probate court here(Superior) in California to seek remvoal of her as trustee or executor.The would then set it for hearing and everybody gets notice.You rmother here would have to evict you to force you out.She would have to give you written notice and then file eviction suit and serve you so you would have say probably 60 days or more after she gave you written notice here.

You may want to consider your own lawyer to protect your rights because it appears no one here is doing so. It appears they are conspiring against you in all of this.I wish you good luck resolving and moving on here.
Expert:  RayAnswers replied 1 year ago.
Thanks for letting me help you today.If you can leave a positive rating it is much appreciated.I wish you the best here.
RayAnswers, Attorney
Category: Estate Law
Satisfied Customers: 29512
Experience: Texas lawyer for 29 years in Estate law
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