Real Estate Law
Have Real Estate Law Questions? Ask a Real Estate Lawyer.
Hello. I’m a licensed attorney with 36 years’ experience. I am a family lawyer and an appellate attorney, but I have many years’ experience with landlord-tenant issues, contract law, and other types of law. I also have written hundreds of legal articles. I look forward to helping you today.
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I just got here so I was about to type your answer. Would you prefer a real estate attorney here?
Different expert here, I see the other expert opted out.
Hello and thank you for contacting us. This is Dwayne B. and I’m an expert here and looking forward to assisting you today. If at any point any of my answers aren’t clear please don’t hesitate to ask for clarification. Also, I can only answer the questions you specifically ask and based on the facts that you give so please be sure that you ask the questions you want to ask and provide all necessary facts. Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms.
We're not allowed to give specific referrals but I can point you to a good website that lists attorney and then discuss with you the specialties of attorney that you will want to look at if that's sufficient.
Also, no one on here can tell you whether your specific trust is going to be broken by the court. We can discuss with you how you would go about it and then we can also cover the issues which will be important in determining whether the judge does decide to bust the trust or not as well as other issues that are going to come up.
Would that be sufficient or would you prefer for me to opt out and open it back up to other experts?
Hello, I am a different expert and I will assist with your question. A trust can be broken provided that you can prove to the satisfaction of the court that it was the product of undue influence that was brought to bear on your mother by whoever instigated the preparation of the trust. But you have a bigger problem. You said that the home is already in your brother's name indicating that your mother made a gift to him prior to her death and perhaps even prior to creating the trust. Therefore you have to not only break the trust, but you have to also sue to set aside the deed. That would involve establishing much the same evidence as breaking the trust, i.e. undue influence, and the mental capacity of your mother at the time of execution.The best we can do at this website is provide you with a list of Hawaii at attorneys who practice law in this area. I hope that is satisfactory under the circumstances.