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Ask Barrister Your Own Question
Barrister
Barrister, Attorney
Category: Estate Law
Satisfied Customers: 35304
Experience:  16 yrs estate law, real estate. Wills/Trusts/Probate
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How long does a house can stay in trust after death if some

Customer Question

how long does a house can stay in trust after death if some distristribution
Submitted: 1 year ago.
Category: Estate Law
Expert:  Barrister replied 1 year ago.
Hello and welcome! My name is ***** ***** I will try my level best to help with your situation or get you to someone who can.
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Does the trust state when assets are to be distributed after the death of the grantor (maker)?
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Did any beneficiary object to the trust continuing to pay the utilities or for any upgrades by filing an objection in the local probate court?
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thanks
Barrister
Customer: replied 1 year ago.
yes also told trust lawyer that my sister was removing money from accounts and paying her bills she removed 150,000 from banks
Expert:  Barrister replied 1 year ago.
Ok, so what did the probate court judge say about this once the objection was heard?
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How long ago did this happen?
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Was some of the money that was used by her supposed to be distributed to you?
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thanks
Barrister
Customer: replied 1 year ago.
I talked only to lawyer of the trust dad died in July 2011, trust was worth 1,500,000.00
Customer: replied 1 year ago.
home upgrade was done after dad died
Customer: replied 1 year ago.
according to county taxes home value was 147,000.00
Expert:  Barrister replied 1 year ago.
Ok, then if you didn't file a formal objection in court to challenge any actions by the trustee in improperly using trust funds, then you might be out of time to do so now. The statute of limitations on a fraud claim is 4 years in Ohio, so if this happened within 4 years, you can still file a lawsuit against the trustee based on fraud and seek damages against them for allowing this to happen.
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But you would need to get a local estate law or civil litigation attorney involved to assist with filing the suit and pursuing this because it is well over the small claims court limits.
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thanks
Barrister
Customer: replied 1 year ago.
so I should have 2 months ad thank you
Expert:  Barrister replied 1 year ago.
If this happened 3 years and 10 months ago, then yes, you would still have time to quickly act to get an attorney involved to file suit. As long as you get the suit filed before the statute of limitations expired, then you are fine.
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thanks
Barrister

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