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RayAnswers, Attorney
Category: Estate Law
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Experience:  Texas lawyer for 30 years in Estate law
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My mom and dad made an irrevocable trust my mom passed away

Customer Question

My mom and dad made an irrevocable trust my mom passed away and before she did mom and dad did a schedule A directive to take my deceased brother off. I have 3 other siblings. Dad is still living and while my mother was still living they quit claimed the house to just the 3 siblings. the orginial trust included my deceased brother and it said his portion in the event of his death would go to his kids. Since my mom and dad were still alive and put the house in the 3 kids instead of 4th deceased can the trustees of the will and trust sell or gift their house that was created in the orginial trust without the directive A which was signed by both parents before they died. Do the 3 sibling have to share a portion to deceased kids since it is already in the 3 names. I think that the living trustee's of the first will and trust changed their minds when they were living. Could kids of deceased brother contest this legally and if so would the have a case they could win? This is in the state of Utah.
Submitted: 1 year ago.
Category: Estate Law
Customer: replied 1 year ago.
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Expert:  RayAnswers replied 1 year ago.

Hi and welcome to JA. Ray here to help you today.

Here the Trust is unfunded since the property was directly deeded to the three kids.It is not part of the trust if it was not transferred into the trust, the trust is unfunded in that sense.The three kids if they are the title holders by deed are the owners of the property.

The estate of deceased brother could challenge the deed in a suit to quiet title here claiming undue influence, etc in such a suit.Even if filed it might be real hard for them to prevail unless they have real evidence.Utah requires the parties filing suit to prove this wasn't just an intervivos gift which it appears to be.Again it would be hard to prevail in such a suit because there were two parents here and they would have to show both were incompetent or didn't understand what they ere doing.Thats a real uphill fight here.

The three kids here are the legal owners unless a court says otherwise.Three kids are free to sell the property today since it is recorded into their names.

I appreciate the chance to help you today.Thanks again.

Expert:  RayAnswers replied 1 year ago.

I appreciate the chance to help you today.If you can leave a positive rating when we are done it is always much appreciated.

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