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Damien Bosco
Damien Bosco, Attorney
Category: Estate Law
Satisfied Customers: 2580
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The following concerns who is entitled to the "short form"

Customer Question

The following concerns who is entitled to the "short form"
Mother and only son live under one roof. The mother passes. Cousin (Jeanine) is the executer. There is a trust for the son Richard. According to R he says, he read the trust. And that, according to what he read. He will not have the house and property in his name. But does own the contents. Is not privy to the estates money for any reason. Also ...he is liable for all repairs to the house and responsible for the grounds and up keep of all at his own expense. He may not use estate money to pay for an attorney. The will, trust, and any other documents were written by Jeanine .a few yrs ago. Mary Garots(mom) never read the documens before signing them. Jeanine is a "chief' on the NJ State Board of Ethics. And did not encourage Mary to read the documents before signing them. Is it legal to write a trust that makes the only son liable for all expenses . And is it legal for the person writing the documents to favor herself to recieve all estate money and tske ownership of the property
Submitted: 10 months ago.
Category: Estate Law
Expert:  Damien Bosco replied 10 months ago.

Hello. My name is***** am an attorney. I will review your question and develop a response. We may discuss it too. Does that sound good to you?

Customer: replied 10 months ago.
Expert:  Damien Bosco replied 10 months ago.

Great. This sounds like a trust wherein the son obtains a life estate (the right to live) in the home. He has a right to live in the house and as long as he lives in the house he has to pay the expenses for the upkeep. The home remains in the trust. Question: DO you know who gets the house after he dies? That could be an issue if the Aunt gets it because if the Aunt gets it, then there could be indication of self dealing since the son's heir's if any should get it after he dies. So, if the Mother was unduly influenced to put the house in the trust for the ultimate benefit of the Aunt that could be an issue especially if there are other siblings of the Mother, or son or if there are any grandchildren. We can discuss more if you would like to do so.

Customer: replied 10 months ago.
He is the only child.....what he is worried about is the cousin selling the house.
Also ....why is he not aloud to use estate money to do things like put a roof on etc
Expert:  Damien Bosco replied 10 months ago.

Usually moneys in a trust could be used for capital improvements, or arguably, the remainderman (the person who will get the house upon the death of a beneficiary) could be responsible for paying capital improvements. So there is an issue there and a good question. Also, depending on the trust terms, a trustee could sell real property. But from the facts presented here, it seems that the trust was set up to keep the house for the son's lifetime and selling it would not meet the intent of the grantor. We can continue to discuss if you would like to do so.

Customer: replied 10 months ago.
Janeen already had said to Richard a couple of months ago ....she was thinking about selling the house...that she hadn't made up her mind yet
Expert:  Damien Bosco replied 10 months ago.

You would have to review the trust document to see if a sale of the property is permissible. Also, if allowed, you would look at the trust to determine what happens to the money. If the son believes his mother was unduly influenced, or fraud was involved, or the trustee if violating the terms of the trust, then the son would have to commence a court action. We can continue to discuss if you would like to do so.

Customer: replied 10 months ago.
I told him that if I were him, I would consult a lawyer about every action and potential action this women takes. If he doesn't, which he normally just takes it for granted she is aloud.
Customer: replied 10 months ago.
What type of court action would he take
Customer: replied 10 months ago.
the biggest reason she would sell the property is to buy a yacht to live on off the coast of Ca
Customer: replied 10 months ago.
Is that ethical....well he always says she is on the board of ethics ...but has no ethics
Customer: replied 10 months ago.
She has already had a document giving her poa to bring back an impounded vehicle 10 yrs rewritten to give her poa when the her aunt ...Richard's mother had her stroke
Customer: replied 10 months ago.
Ten yrs ago the vehicle was impounded
Expert:  Damien Bosco replied 10 months ago.

If someone was fraudulently induced to form a trust, an action would be to rescind the trust. If there are violations of trust terms, the action would be a breach of fiduciary duty. An ethics claim would be something separate. A POA expires upon death and has no weight after death.

Customer: replied 10 months ago.
I realize about the poa expiring
Expert:  Damien Bosco replied 10 months ago.

Hello Ann: I would love to continue our conversation but I have to step away for the rest of the morning. If you want to chat later this afternoon that is fine; or if you want to speak on the phone, you can accept the offer for premium services. Or if we are complete, would love for you to give me a 5 star rating for helping you this morning. Cheers.

Customer: replied 10 months ago.
But.....while she had poa she cut Richard off from all the bank accounts ( 4 million dollars)and when his Mom wanted to come home....the cousin provided no money to buy supplies...lim
Customer: replied 10 months ago.
Ok .....ttyl.....thank you
Customer: replied 10 months ago.
I guess the next question s are as follows
1) If, for some reason it was in the trust and/or will that the executor may indeed sell the property that the son was given the privilege of living the rest of his life. What type of compensation should he expect.?
2) If the mother signed the trust and will ....and did not read them . And the executor write them to be to her own benefit. You would take her to court on the grounds of what term?And if you take her to court, does the estate pay for the attorney of the son of the deceased?
Customer: replied 10 months ago.
3) what type of suit is filed in order to establish the estate or future owner of the properties responsibility to pay to fix things such as a new roof. And if there are other issues that should have been addressed prior to the death of his mother and before the trust was enforced thst he would be liable for due to the wording if the trust ....how do you go about get those things taken care of retroactively?
Customer: replied 10 months ago.
4)Prior to the mother's death , the poa was responsible for all bills and for the funding of modifications to the home so the mother could come home....the poa only paid half the time and did not put money towsrds the modifications ...how does the son get reimbursed?
Expert:  Damien Bosco replied 10 months ago.

Hi Ann: Please accept the premium service offer so we can speak on the phone. There are too many questions that you have to do a proper Q&A. We can arrange a time to speak. I am actually back in the office now. Best regards.

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