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Irwin Law
Irwin Law, Attorney
Category: Estate Law
Satisfied Customers: 7307
Experience:  30+ yrs. handling probate estate, wills, trust, inheritance & real estate related matters
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My wife is successor trustee of her mothers estate. she is

Customer Question

My wife is successor trustee of her mothers estate. she is also a beneficiary along with her brother. she wants to give her brother the property he is living at and keep her mothers home. his place is worth 60000 and her mothers place is worth 40000. 25000
is owed at the bank on her brothers place. the land title company will not help her with this
Submitted: 1 year ago.
Category: Estate Law
Customer: replied 1 year ago.
The two properties have been appraised by a real estate broker. The land title company said that my wife is able to put property into another beneficiaries name by not her own. How does she place property that's in the trust into her name, so she gets her share of the trust? Her brother will not agree to anything and thinks he is entitled to all the estate of her late mother's. At some point soon, her brother will run out of funds and default on the mortgage. The bank will take back the home he resides in. This is the property she wants to sign over to him. When this does happen he will try to go live at the other property that is suppose to go to my wife, police said he has every right to come on to the property the is suppose to go to my wife. He has kicked in the doors and took the disconnect to the central air. Police say it is a civil matter. She needs the other property deeded into her name.
Expert:  Irwin Law replied 1 year ago.
When there is no reason for a trust to exist, the beneficiaries can terminate it by agreement. If a beneficiary won't agree, then an attorney can take the matter to a judge with a petition by the Trustee to terminate the trust. The court would hold a hearing and hear both sides of the question. This looks like a good case for trust termination. Also, going on trust property and kicking in doors is NOT a civil matter. It is criminal trespass in most states. Talk to the County prosecutor about a restraining order against brother. It's a tough situation. I wish both of you the best of luck.

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