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N Cal Attorney
N Cal Attorney, Attorney
Category: Estate Law
Satisfied Customers: 9409
Experience:  Since 1983
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My mother made a trust home and some money in the credit

Customer Question

my mother made a trust for her home and some money in the credit union for her four children. my sister is the executor of the trust. I do not know yet the date of the trust but it was before 2006. There is one ademdom to it the was written in 2006 it states I john can live in her home and must keep up the house and everything pertaining to the home. It is paid for but needs all the regular things like ins., repair roof, keep up yard and keep clean. I would pay for all of it out of my pocket. All four siblings signed the adimdom. in 2006. My mom passed on the 31 of Oct. 2015. My brother found a hand written statement from mother in the home on November 1st 2015. It states she wants the four of us to sell the home when she passes and divide up the money. It really may be from her but it is written in much better language and better put together then I have ever seen or heard her speak before. The date on it is 2009, it is unsigned and not notarized. I have not seen the trust yet. I have been her care giver for the last several years. It was very hard. I do not understand why my brother did not come over the see her more. my two sisters live on the other side of the country in Mississippi. I live in Las Vegas, NV where my mother lived and my brother still lives. Does the letter cancel out the ademdome? I think I am calling the ademdome the wrong name.
Submitted: 1 year ago.
Category: Estate Law
Expert:  N Cal Attorney replied 1 year ago.

Thank you for your question.

I think you meant to write "addendum".

An amendment to a written trust must be signed to be valid, and an amendment or codicil to a Will has to be signed, dated, and witnessed to be valid. My opinion is that the paper has no legal effect, and that you still have a life estate in the property.

I hope this information is helpful.

Customer: replied 1 year ago.
Thank you I have found out I can not afford a lawyer. I am on a fixed income and it looks like I will be getting nothing from the estate. Mom gave me 30,000 to buy a condo and it was agreed that I would pay it back out of the inheritance. Mom latter told me many times I did not have to pay it back. My sister says I have to pay it back so I will not get any form the credit union and so I can not fight her to get to live in the house. sorry to have bothered you thank you for your help. It was not nice of good to be her care giver she was not nice very often and now she is dead she still seems to be messing with me.
Expert:  N Cal Attorney replied 1 year ago.

You do not necessarily need money to hire an attorney.

You can get a free consultation from some of the Nevada trusts attorneys listed here.

A trustee who violates the terms of the trust can sometimes be held liable for attorney fees. Also, since you have a life estate in the house, you could rent it out for a while to cover legal fees.

Please follow up on this with a local attorney, who can help you stand up for your rights.