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Ask Barrister Your Own Question
Barrister
Barrister, Attorney
Category: Legal
Satisfied Customers: 33786
Experience:  15 yrs practice, Civil, Criminal, Domestic, Realtor, Landlord 26 yrs
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My husbands grandmother is still living however she is

Customer Question

Hi, My husbands grandmother is still living however she is suffering from altsheimers and is bed ridden. Her son is the executer and has power of attorney for her affairs and will. She has a trust and in her trust she left my husbands house to him . My
husband and I have been living there for the past 4 years and his grandmother before she was ill told us we did not have to pay rent anymore because he house was paid for and it was going to be his house anyway. Well, recently the son the executor went to
an attorney and said they wanted to generate more income to help care for her and decided to demand my husband pay rent or they will evict us! OR sell the house !!! We are shocked and appauled and think it is so unfair because we have spent thousands on repairs
and adding to the house that this is ridiculous! She does not need money and she is worth plenty. We feel its because the son does not want to dip into her accounts so that he has more for himself. He is greedy. SO my question is this what can we do? Is there
anyway to fight this? We live in Washington state by the way thank you
Submitted: 1 year ago.
Category: Legal
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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Is the house actually in the trust's name or is it still in grandmother's name?
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Who is the trustee of the trust?
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Is the trust revocable or irrevocable?
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And husband is named as a beneficiary or the house in the actual trust documents? (not in a will...that is different)
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thanks
Barrister
Customer: replied 1 year ago.
Hi The trustee is the son and it is in a trust. The trust is in his grandmothers name and her deceased husbands trust as well. My husband is named as a beneficiary of the house in the trust documents yes.
thanks
Expert:  Barrister replied 1 year ago.
Ok, if this is a revocable trust, then the son with a power of attorney could revoke the trust and re-convey the property back to grandmother and then legally sell it to pay for grandmother's care costs.
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But if it is irrevocable, then the trust owns it outright and there is generally no way that it can be revoked and husband's gift of the house is semi-set it stone. When I say semi-set in stone, I mean that the son would have to petition a local probate court judge to allow him to revoke the trust so that the house could be sold to pay for grandmother's care as it was an unanticipated event that the house proceeds would be needed for grandmother's care when the trust was set up. It would then be up to the judge as to whether or not to allow it.
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But as the trustee of the trust, whether it was revocable or irrevocable, if the trust gave him the power over the assets in the trust, (and this is likely) he could require that rent be paid for the home use since the gift wasn't completed until it was transferred from the trust to husband.
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I am very sorry that I don’t have better news, but please understand that I do have an ethical and professional obligation to provide customers with legally correct answers based on my knowledge and experience, even when I know the answer doesn’t make the customer happy...
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thanks
Barrister