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:
4 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:

 
 
 
  • My husband has been driving me insane with questions regarding estate issues since his mother died. I'm not a lawyer! Thanks to JustAnswer, I was able to calm his concerns. Loretta T Illinois
< Last | Next >
  • My husband has been driving me insane with questions regarding estate issues since his mother died. I'm not a lawyer! Thanks to JustAnswer, I was able to calm his concerns. Loretta T Illinois
  • Thanks Adam!! - A very direct and understandable response - you have been a great help! Happy Customer Ellicott City, MD
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
 
 
 

Resulting Trusts

A resulting trust is an agreement where an individual keeps hold of a certain property for the benefit of another person. A resulting trust is created in court in many different cases where one person moves property to another and then gives the second person legal documents to the property. Given below are a few questions answered by the Experts on this issue.

In a case where a family member has just passed away, what can an individual do in order to retrieve the trust documents?

In this case, if the interested individual does not have the trust instrument that would help prove the trust conditions, the trust would be declared invalid and the trust property would return to the estate of the individual who has passed. This is legally referred to as a resulting trust. The interested individual would then need to apply to the probate court to get appointed as the administrator of the estate and successor trustee. Once this is done, they can get an inventory of the property along with any other assets that lie in the trust and follow the laws of intestate succession to divide the property among the heirs.

When filing for Bankruptcy if an individual has not listed his real estate assets, can he now claim that the property belongs to him because of a resulting trust? How does judicial estoppel be used as a defense here?

If the individual says that the property belongs to him because of a resulting trust and if the individual filed bankruptcy and did not list the assets as his property, a judicial estoppel could be used as a viable defense. A judicial estoppel is based on the following factors:

1. The plaintiff’s first position is inconsistent with his later position;
2. The plaintiff was able to persuade the court to accept the plaintiff’s previous position. This could seem like the plaintiff misled the court; and finally,
3. The plaintiff’s maintaining of an inconsistent position would give them an unfair advantage or force an unfair loss on the other party if they were not estopped.

The first two factors are satisfied in this case since the individual did not mention the assets when he was filing bankruptcy and later chose to claim them. As for factor three, the person from whom the individual is demanding his assets back can say that the assets have been maintained by them for many years now, they have paid taxes on them and denying ownership now would put them at a risk of criminal liability for fraud. Thus, in this case, the individual can be judicially estopped.

My lawyer appears to have made a mistake by not stating a beneficiary on a trust agreement. Has the law always stated a beneficiary must be included? If not, when was the law changed to include the naming of a beneficiary?

A trust agreement by definition must always have a beneficiary. When a beneficiary is not listed on a trust agreement the common rule is that a resulting trust is created in favor of the deceased’s estate if the trust is testamentary. If the trust is not testamentary then the trustee holds ownership of the trust. In cases where the attorney has made a mistake by not naming a beneficiary, the individual will have the right to sue for malpractice. However, the trust that is written cannot change and will still be in effect.

When constructing a resulting trust, there are many questions that can arise. These could include queries that involve understanding the requirements of a resulting trust, the process of setting up a trust and so on. Put your questions to the Experts now for quick and insightful answers that can help you with your case.

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:
4 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

Thomas McJD
Attorney
Satisfied Customers: 3170
Wills, Trusts, Probate & other Estate Matters
Infolawyer
Attorney
Satisfied Customers: 4465
Licensed attorney helping individuals and businesses.
Barrister
Attorney
Satisfied Customers: 3251
14 yrs estate law, real estate. Wills/Trusts/Probate

Recent Resulting Trust Questions

  • My father has been paying the taxes on his deceased father's

    My father has been paying the taxes on his deceased father's estate in Arkansas since the early 1960's. He hasn't visited the property since the 1990's. He has two living siblings and 4 deceased siblings. He asked his nephew (his living sibling's son) to help him to go to Arkansas and check on the property. He shared copies of the tax payment documents with his nephew, but my father changed his mind and did not go to Arkansas. My cousin went to the tax office in Arkansas on his own tried to inquire about the property, but we suspect that he is trying to do something that my father is not aware of and may be trying to do things to get the property under his control. He is using my father's family name although he is not that name he's my father's sister's son. Can he do something to take over the estate although my father has been in charge long. My father thinks he can't we are thinking with his vast knowledge of things that he possibly can. Are we right to be suspicious?
  • If my brother in law has power of attorney because he lives

    If my brother in law has power of attorney because he lives closest to her. She lives in Honolulu, my brother in law lives in Maui, and we live in Alaska. The 2 families work airlines so he visits her every weekend, and we visit her once a month.
    Should we be concerned, or can there be more than one power of attorney mother in law?
  • ! I have a personal advisee who has a recent hand-written

    ! I have a personal advisee who has a recent hand-written will from her mother but her sister from whom she's estranged, had had a formal will written up with a lawyer in 2004.
    This si inthe state of Illinois. Is the hand-written will admissable in court? As I've seen before, my client took care of the mother and all her properties but the distant siblings sold the mother's house when she died and pushed my client out. Can the poor 70 yo woman who is left homeless and living alone in a motel get a lwayer pro bono or would the court appoint one Yes, those is basically a sibling estate war. Thank you help you can oprovide me in advising her! I speak to her Monday at 8pm. Cheers, Alexandra
< Last | Next >
View More Estate Law Questions