How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
A new question is answered every 9 seconds

Ask an Estate Lawyer

Thomas McJD
Thomas McJD, Attorney
Category: General
Satisfied Customers: 3170
Experience:  Wills, Trusts, Probate & other Estate Matters
19305272
Type Your Estate Law Question Here...
characters left:
3 Estate Lawyers are Online Now

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C. Freshfield, Liverpool, UK
< Last | Next >
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C. Freshfield, Liverpool, UK
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex Los Angeles, CA
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP Hesperia, CA
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin Kernersville, NC
  • Just let me say that this encounter has been entirely professional and most helpful. I liked that I could ask additional questions and get answered in a very short turn around. Esther Woodstock, NY
  • Thank you so much for taking your time and knowledge to support my concerns. Not only did you answer my questions, you even took it a step further with replying with more pertinent information I needed to know. Robin Elkton, Maryland
  • He answered my question promptly and gave me accurate, detailed information. If all of your experts are half as good, you have a great thing going here. Diane Dallas, TX
 
 
 

Constructive Trust

A constructive trust, which is similar to a trust, is an alternative solution imposed by a court to help a person who has been deprived of their title to a property. This is usually because someone else has laid legal claim over the same property through unfair enrichment. There are several laws that apply to how a constructive trust should be set up. Given below are a few questions answered by the Experts on issues related to constructive trusts.

In Texas, if both the husband and wife die, can the 120 rule affect the creation of a constructive trust, and can the heirs gain their community property if there are no children involved?

According to the TEX PB. CODE ANN 47 the survival for 120 hours rule is related to heirship. The 120 rule deals with understanding which party survives the other party for beneficiary purposes. Since both the parties have died, this does not apply here. This, however, does not stop the constructive trust, from being created and the whole estate will be liable in this case.

In New York what can an individual do if they believe that a family member has stolen their share of municipal bonds?

The individual may have the right to sue this person and force a constructive trust towards the bonds or their earnings if they have already been sold. If the individual chooses to file a lawsuit, they can subpoena the family member to bring the bonds to a trial or deposition. The individual will need to keep in mind that there could be a statute of limitations in the case. If the time limit for taking the case to trial has already passed, trying to get the court to force a constructive or resulting trust may be the only option available.

In California, if a trustee violates their responsibility for using constructive trust possessions what is the punishment for this and would they be required to return the money to the constructive trust?

If the trustee violates their responsibility, they can lose their position as a trustee, be forced to return any amount that was taken from the constructive trust, pay for any damages that were caused because of the violation, and also face criminal charges depending on the extent of their violation. h2> If an individual has passed away in Trinidad and Tobago where they had property in the name of their child, upon their death, will their spouse have any right to the property since there was no will involved? In this case, the Trinidad and Tobago law will control the decision. Since the property was deeded to the child it would mean that the child becomes the owner of the property. However, it may be possible for a constructive trust to be created for the property. But this can only happen if the child does not fight for the property and allows the living parent to get rent from the property or receive the proceeds from the sale of the property. If you choose to create a constructive trust, you will need a witness to be present. The witness will have to show that the property was kept in the trust for the living parent by the child. To avoid any confusion, this would need to be in writing.

When an individual has property of their own, very often, they may want to protect it with a constructive trust. However, there are several rules that govern the setting up of constructive trusts and you may need a better understanding of the topic to see what applies to your situation. Put your questions on constructive trusts to Legal Experts now for information that can help you tackle your problem smoothly and efficiently.

Ask an Estate Lawyer

Thomas McJD
Thomas McJD, Attorney
Category: General
Satisfied Customers: 3170
Experience:  Wills, Trusts, Probate & other Estate Matters
19305272
Type Your Estate Law Question Here...
characters left:
3 Estate Lawyers are Online Now

How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Estate Lawyers are online & ready to help you now

Ron
ASE Certified Technician
Satisfied Customers: 21594
23 years with Ford specializing in drivability and electrical and AC. Ford certs and ASE Certs
Dr. Y.
Urologist
Satisfied Customers: 18601
I am fellowship trained specializing in general urology and reconstructive urology.
John
Home Appliance Technician
Satisfied Customers: 13453
Appliance repair business owner for over 43 years.

Recent Constructive Trust Questions

  • Needs help writing letter or addressing the court, regarding

    Needs help writing letter or addressing the court, regarding a fund set up by the decedent for his adult granddaughter to be administered by decedent's nephew. Funds are in a Wells Fargo Investment account in Nephew's name. Previously, granddaughter was named on bank accounts directly as a beneficiary but because she has 2 minor children, decedent was attempting to prevent ex-spouses from claiming child support on the $113,000 account left to granddaughter.

    Nephew has admitted to executor, investment advisor, granddaughter, and everyone that this specific acct is decedent's granddaughter's and has been belligerently transferring money to granddaughter's bank act each month over the past 4 months.

    PLEASE NOTE: THERE IS NO CONTRACT TO THIS EFFECT IN WRITING AND THE INVESTMENT ACCOUNT WAS PLACED IN NEPHEW'S NAME TO BE DOLED OUT MONTHLY TO 34 YEAR OLD GRANDDAUGHTER.

    Problem: 78 year old nephew is an alcoholic, verbally abusive to granddaughter, threatens to withhold money, refuses to provide granddaughter with account of money, refuses to setup automatic transfers, and insists on knowing every personal detail of granddaughter's personal life. Granddaughter has full time job for 2 years, pays child support and appears to be responsible. All other beneficiaries given inheritance without supervision.

    How does granddaughter, address probate judge or court to petition that money in investment account be turned over to her, or that administration of funds be transferred to an objective 3rd party? Remember, Nephew has admitted to everyone, including executor that this money is granddaughter's not his and that although there is nothing in writing, as to protect the money, Nephew already inherited over $100,000 and that this account belongs to granddaughter.

    Please help set us on the right path in addressing the probate judge and what needs to be done to rectify this very difficult situation. Granddaughter does not really have means to hire an attorney but has spoken to executor about the situation. It is likely that if Granddaughter does not get this situation resolved, nephew may keep money once case is closed in probate court as he is very belligerent toward family but had great influence over 90 year old alcoholic decedent after decedent's wife died 6 months prior to his own demise.
  • my parents have been dead for over a year. they had individual

    my parents have been dead for over a year. they had individual trusts, family trust, marital trust, and a lake home/farm trust. i'm a co-trustee in all the trusts. a problem i'm having is that their trust attorney is not telling me what i need to do as trustee. the only correspondence iv'e recieved from him was to sign and return the acceptance of disignation of trustee form. the trust documents are very vague and do not dictate specific duties. the documents are pretty much boilerplate, e.g. trustee can sell, rent, subdivide, blah, blah. my gut feeling is that my older brother (the other co-trustee) and this trust attorney are handling things but, i feel behind my back. as co-trustee would n't i have to sign off on "things" and, wouldn't i have to be consulted and in agreement with trust issues. so, to rephrase, what responsibilities does the trust attorney have to me. what recource do i have if trust attorney and my brother continue to leave me out. thanks
  • The children were awarded the temporary injunction with the

    The children were awarded the temporary injunction with the judge scheduling a return hearing on 07/24/12. My attorneys have filed their brief as well as a demurrer with regards XXXXX XXXXX second complaint against me as the executrix & individually with regards XXXXX XXXXX enrichment as a result of my husbands death (we had previous debt/now new debts adding up...LOL) and seeking a monetary award. The first complaint was regarding a MSAPSA between my late husband/ex-wife with regards XXXXX XXXXX not having life insurance with children (plaintiffs) as the beneficiary in the amount of $500,000. Discovery found ex-wife's life insurance had lapsed so hopefully we can win a dismissal on this complaint. However, there are still lots of arguments for both litigators to pursue as this is a precedent setting and complicated case (lawyers could get everything...LOL). Hopefully the judge will believe I will definitely be the most harmed if a constructive trust or extension of any injunction takes place. All is still uncertain, but my perspective leans to your first answer (mediation) nuisance award. The hours are adding and my firm has 113 attorneys in 4 cities (2 litigators, 1 tax attorney) are assisting me and have confidence and live in hope. Thank you Law Guy
< Last | Next >
View More Estate Law Questions