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Thomas McJD
Thomas McJD, Attorney
Category: Estate Law
Satisfied Customers: 6516
Experience:  Wills, Trusts, Probate & other Estate Matters
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My grandmother left me all of her angible property. It says

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My grandmother left me all of her angible property. It says in the trust that the traustee is to distribute her estate to the benificeries. Can you tell me if this means he is supposed to deliver my inheritance to me or if he can tell me go pick it up at my own expense and that he knows nothing about it when her property is taken from others so its not there for me to pick up?

TMcJD : It simply means that the trustee is responsible for the transfer from the trust. Unfortunately, that does not mean the trustee has to physically pick up the property and deliver it to you. He can ask that you do that yourself. Now, having said that, the trustee is still responsible for protecting the trust property and ensuring that something that should have gone to you is not taken by someone else. Failure to do that is a breach of trustee and of the trustee's fiduciary duties. Breach of those duties can make the trustee personally liable to you for damage caused as a result of the breach. You would be entitled to the money from the sale. The right to take back the mobile home is not a tangible asset. The trustee, however, would have a duty to take back title if payments are not being made. Once that is done, then it is tangible personal property of the trust and you would be entitled to it along with other tangible personal property. The trustee has a duty to be pursuing collection of payments or taking the motor home back into the trust's name.
TMcJD : The best thing that could be done is retaining your own attorney and having that attorney threaten to sue the trustee if the trustee doesn't fulfill trust and fiduciary duties. If that doesn't produce the desired result, then you would have to sue the trustee.
TMcJD : Please let me know if I can provide additional assistance. If not, I would be grateful if you could please leave me a positive rating. I cannot receive credit for my work without your positive rating and that is the sole means of compensation for JustAnswer experts. Please keep in mind you are rating my professionalism and service, not whether the law is favorable (although I wish I could always say that it was).
Customer: Yesterday I went ahead and ran a CARFAX vehicle report on the RV and I was very surprised to find that it has been sold twice since she sold it to this couple in Nov 2004. I thought maybe this was an RV she made her boyfriend sell when she moved in with him. However, according to car fax it was purchased from a dealership 13 days before she sold it to this couple in 2004. According to her contract they paid 20k down and were to pay over 300.00 per month for 15years. However, in 2009 they sold it and then it sold again after that. What’s weird is that 2009 is when she began complaining to me about lending money to people that had not been paying as agreed. |She was mad at her husband because she said he should have lent them the money they were his relatives. She complained many times about it until she passed away. I am wondering if they sold it and just never paid her. Just last month my boyfriend sold a van to someone and when they went to register it they had to pay off a lean first which turned out was the finance company listed as a lean holder on some tow yard documents we had from when he got it impounded the year before. We were able to pick the van up from the impound yard even though we were not listed as the registered owner or the lean holder on the paperwork. Do you know if I can find out more about this sale if I have the pink slip? If not do you have any suggestions on what I may need to do to get this resolved?
TMcJD : The dmv in your state would have a record of any change in ownership (i.e. the title being changed upon sale). It doesn't matter who the new owner is if your grandmother still has a lien on the title (which I believe you noted she did). If she still has a lien on the title in the name of the trust, then the trustee can go after the vehicle for non payment of the loan that is secured by the lien. Unfortunately, however, if the lien and loan were in her name only, then the property is actually property of her estate and not her trust. In that case, you would have to open a probate to get everything into the trust and then go from there. It sounds like there are enough complexities involved that you would best be served in protecting your rights if you retain a local attorney to assist you.
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