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RayAnswers, Attorney
Category: Estate Law
Satisfied Customers: 36380
Experience:  Texas lawyer for 30 years in Estate law
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My brother changed s will and left me as the Executor. He

Customer Question

My brother changed his will and left me as the Executor. He was married to his partner whom passed away first and then not even a month later my brother passed away. I meet with the lawyer who did the paperwork and he stated that the trust was not completed and that my brother's partner - his brother is the trustee. However, the brother does not want anything to do with the estate. The home was taken out of the trust therefore, it became solely my brothers. This lawyer is saying the trust needs to be completed that we cannot sell the house until the trust is completed and therefore if we cannot meet the payments on the house (foreclosure) because the courts are so backed up in CA that it could take up to 6-8 months for everything to be final. Please explain why there needs to be a trust and why doesn't the Will over ride the trust and why would we have to wait so long when the brother wants nothing to do with the estate. Please help me to understand clearly about this trust needing to be in place. I am so confused on this and why do we need to pay out legal fees, can't this be handled between me and the brother?
Submitted: 3 months ago.
Category: Estate Law
Expert:  Richard replied 3 months ago.

Good morning. My name is ***** ***** I look forward to helping you. Can you provide me a bit more information? How is title to the house held currently? Did your brother's partner have a will? What did it provide? Thanks.

Customer: replied 3 months ago.
The title to the house was in a trust with my brother and his partner and then the trust was removed. Leaving the house solely to my brother. Yes, my brother partner did leave a Will. It states that when he passes everything would go to my brother. Now that my brother passed away, my brother's will states I'm the executor of the Will. I've attached a copy of the Wills. I took out the last names (not sure who will see these) and I took out the written statement stating "On the date written below, the testator (my bother and his partner) declared to us that this instrument, consisting of 1 page including this page, was the testator's Will and asked us to witness it. The testator then signed this Will in our presence, all of us being present at the same time. At the testator's request, i the testator's presence, and in the presence of one another, we subscribe our name as witness."Three people signed and provided their addresses on this paper and are over 18 year of age and sound mine and were not under constraint or undue influence.The lawyer who did my brother and his partner's Will said we need to get the trust in place, the house should have never been taken out of the trust. Again, the house is no longer in a trust. The the brother does not want anything to do with is bother's estate.I hope the file I attached will not be shared openly to the public.
Expert:  RayAnswers replied 3 months ago.

Hi and welcome to JA. Ray here to help you today.

If the trustor here is deceased the will should be probated and everything titled to the deceased passes through probate.I see not way to complete a trust since the trustor is deceased as you state.I think you should consider a second lawyer to make application for probate and move forward.

You are clearly the executor and you should locate a new lawyer and have them proceed to probate.The trust here seems unfunded here, if there are assets titled to the trust they pass through the trust.It appears the house was in the deceased's name and passes as an estate asset.

You can locate a new lawyer here.

The estate lawyer would help you borrow against the house if necessary until a sale can be made . I see no way around probate here for the estate assets.

I appreciate the chance to help you today.Thanks again.

Expert:  RayAnswers replied 3 months ago.

If you can positive rate 5 stars whenw eare done it is always much appreciated.Thanks again.

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