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Tina
Tina, Lawyer
Category: Legal
Satisfied Customers: 8775
Experience:  JD, BBA Over 25 years legal and business experience.
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I am currently living with my brother-in-law in my sister's

Customer Question

I am currently living with my brother-in-law in my sister's old house that belongs to my late father's trust. She died last April and in her will she said that her husband (my bro-in-law) could continue to live in the house. Our trust lawyer discovered this summer that the house has passed on to my brother and I and will soon be deeded over to us in accordance to my father's trust. My question is about whether my brother-in-law has any legal rights to stay in the house if he and I no longer have an amiable relationship? He is 60 years old with advanced multiple sclerosis but has made my life hell. Just wondering if this is an estate question or a family law question?
JA: Since estate law varies from place to place, can you tell me what state this is in?
Customer: Kansas
JA: Has anything been filed or reported?
Customer: Our trust lawyers are processing everything to do with the trust, but my brother in law and I were both named as executors in the trust.
JA: Anything else you want the lawyer to know before I connect you?
Customer: No. I'm just wondering what MY rights are as the new owner of the house in regards ***** ***** to live with him.
Submitted: 23 days ago.
Category: Legal
Expert:  Barrister replied 23 days ago.

Hello and welcome! My name is ***** ***** I am a licensed attorney who will try my very best to help with your situation or get you to someone who can. There may be a slight delay in my responses as I research statutes or ordinances and type out an answer or reply, but rest assured, I am working on your question.

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Are you saying that the trust says that the house transfers from the trust over to you and your brother....not brother in law, correct?

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If so, will your brother allow your brother in law to continue to live there if you object?

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thanks

Barrister

Customer: replied 23 days ago.
Clarification: My late sister was executor of my father's trust when he died in 2001. She inherited the house. My brother in law and i were named executor's of my sister's living trust when she died in April. My sister was a CPA and auditor, so the fact that she never had the house deeded over to her trust speaks volumes about what she wanted. I'm 100-percent sure she wanted the house to stay in the family. The house will transfer to my brother (living in Atlanta) and I. My brother will not object at all if I want my brother in law to move out. My brother in law is not the nicest person in the world ... lol ... not that it means anything in a legal sense.
Customer: replied 23 days ago.
If you'd like more time to research this, I have NO PROBLEM with getting an email. Even if your answer is to consult a lawyer here in Kansas. I would just like to know what kind of lawyer to see. And thank you for your time.
Expert:  Barrister replied 23 days ago.

Ok, I need some more information to unravel this...

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1. Father had a trust with the house in it. He passed and left the house to your sister. She never had it transferred out of the trust into her name personally.

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Correct?

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2. Did sister leave a will disposing of any of her assets not in her trust?

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3. How will the house transfer to your brother?

Customer: replied 23 days ago.
Correct on number 1. 2. Yes, sister left a will that put $100,000 life insurance policy into her irrevocable trust which i have been using to pay for brother in law's medical care (he needs 24/7 care from live-in caregivers we have hired). Most of her will is what you would expect from one spouse to another. I have no problem with him taking the things they accumulated during their 20-year marriage as long as none of it is our family stuff that belonged to my mother and father, or me. 3. Current trust attorney is sending me the deed to sign and notarize and then after I send it back to them, she will send it down to Atlanta for my brother to sigh. FYI - my brother and I get along wonderfully so the prospects of him and I fighting over anything is less than 1 percent.
Customer: replied 23 days ago.
Oh, and I have been paying the bills and debts for sister and brother in law out of that $100K too. I have tried to follow my responsibilities as executor to the letter.
Expert:  Barrister replied 23 days ago.

Ok, I must be missing something here because when father left sister the house from his trust, and she didn't put it in her trust, that means that it has to be put in her personal name when it leaves father's trust. So that means that it is controlled by her will, not her trust, because it would have to be deeded into her trust while she was living to get it out of her name unless her will states that it gets "poured over" into the trust.

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So if it is disposed of by her will, and her will gives her husband some type of interest in it, then he will become a partial or full owner of the house.

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I am not sure how the house will be going to brother unless sister's will specifically states that brother is to receive it??

Customer: replied 23 days ago.
I'm not sure. Trust lawyer said with 100 percent certainty that house now passes to my brother and I.
Customer: replied 23 days ago.
Maybe she did make a mistake?
Customer: replied 23 days ago.
Unfortunately, I have to leave this computer. I can contact our trust lawyer again to make sure the house is ours. What kind of lawyer should I talk to about the brother in law question? The trust lawyer we're using said they don't handle those kind of issues and it wouldn't be something they can discuss with me anyway while they are handling her trust.
Expert:  Barrister replied 23 days ago.

Something isn't right here or I am missing facts..

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This is the way any transfer would have to go as a matter of law... Father's trust to sister personally. Then from sister personally to her estate since she is deceased. Then from her estate down to whoever she leaves her assets to in her will.

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So it can't go from father's trust to brother, because it wasn't left to him by father, it was left to sister..

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But assuming that the attorney on the ground is correct and I just don't have all the info, if brother ends up being the owner of the house, only he can force your brother in law to vacate by evicting him through the courts after giving him a written 30 day notice if he doesn't move.

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Since you don't have any ownership in the house, you wouldn't have any legal authority to force brother in law to move out. Only the owner can do that since he is technically both your landlords.

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thanks

Barrister