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Damien Bosco
Damien Bosco, Attorney
Category: Estate Law
Satisfied Customers: 2623
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If a person sets up a trust with someone, then changes their

Customer Question

If a person sets up a trust with someone, then changes their mind and sets up another trust with someone else, is this person required by law to notify the parties of the first trust that it has been changed?
JA: I'm the Estate Lawyer's Assistant. I work with them to help customers like you.
Customer: were you able to see my question?
JA: No. I'm the Estate Lawyer's Assistant.
Customer: if a person sets up a trust with someone, then changes their mind and sets up another trust with someone else, is that person required by law to notify the person involved in the first trust that it has been changed or voided?
JA: Estate laws vary by state. What state are you in?
Customer: ca
JA: What documents or supporting evidence do you have?
Customer: my grandfather set up a trust with my dad and his sister stating that his half of the estate would go to them upon his death (my dad and his sister already inherited the other 1/2 of the estate. Then my grandfather changed his mind and decided to leave his 1/2 to someone else. We do not have a copy of that supposed trust
JA: Anything else you want the lawyer to know before I connect you?
Customer: no
Submitted: 11 months ago.
Category: Estate Law
Expert:  Damien Bosco replied 11 months ago.

Hello. My name is***** am an attorney. I will review your question. I may need to clarify facts first. I will answer & we can discuss issues.

Expert:  Damien Bosco replied 11 months ago.

Your question whether a person is required by law to notify the parties to a first trust that it is no longer valid cannot be answered with the facts that you provide. I need to get a better handle on the facts. You say that two people set up the trust: was that your grandfather and grandmother? And you grandmother is died? And your grandfather is alive? And it is a revocable trust, meaning your grandfather can change or revoke it? Or is is a irrevocable trust where it is more difficult to change or revoke? Are you saying that your grandfather revoked the trust; and set up a new trust? We can discuss these issues.

Customer: replied 11 months ago.
My grandparents had a will that said upon my Grandmother's death, my Grandfather (my Dad's step dad) had 1 year to sell their house and give my Grandmother's kids (my Dad and his sister) her half of the estate. When she died, my Dad & his sister didn't want to have to make my Grandfather sell and move, so they created a Trust which stated that my Grandfather could stay in the home until his death, with the stipulation that he would pay my Aunt $1k a month until $50k had been paid (my Aunt needed the money). -When my Grandfather had paid the $50k, he changed his mind and decided to leave his half of the estate to a couple of my Dad's cousins. They claim to have a Trust stating this fact. I heard that, in California, it is illegal for a senior citizen to enter into a Trust with anyone 2 years before his/her death. I guess I want to know 2 things: is this statement true and is my Grandfather required by law to notify my Dad and his sister that his wishes regarding his 1/2 of the estate had changed?
Customer: replied 11 months ago.
My Grandparents had a Will set up that stated that, upon my Grandmother's death (she died 4 years ago), my Grandfather (which is not my Dad's real dad, but his step-dad) had 1 year to sell their house and give my Dad and my Dad's sister my Grandmother's 1/2 of the house and he could do whatever he wanted to do with his half of the house. My Dad did not want to make my Grandfather move, so my Dad, his sister and my Grandfather had a Trust written up that stated that my Grandfather could remain in the home until his death, at which time his 1/2 of the house, together with my Grandmother's half of the house, would go to my Dad and his sister. The one stipulation to all of this was that my Grandfather would be required to pay my Aunt $1k/month until he had paid her a sum of $50k because she needed the money. When my Grandfather had paid my Aunt the full $50k, he decided that he didn't want to give his 1/2 of the house to my Dad and his sister after all, and so he created a new Trust which gives his 1/2 of the house to 2 of my Dad's cousins. As it stand now, my Dad and his sister claim that their Trust prevails because the wording in the Trust says something to the effect that my Grandfather can't change his decision to leave them his 1/2, but on the other hand, one of the 2 cousins who is part of the other Trust managed to get my Grandfather to name her as Power of Attorney over his Finances and she was able to get into his house before my Dad and his sister could get there, she took over the house, changed the locks and would not allow my Dad and his sister to enter. She removed large amounts of cash from the home, together with copies of important documents. My Dad and his sister think that their Trust may be invalid because it was written up during the last 2 years of my Grandfather's life, that's why I was asking about whether or not that law was in fact true, that a senior citizen could not enter into a Trust with someone during the last 2 years of his/her life.
Expert:  Damien Bosco replied 11 months ago.

Hello. Thank you for the additional information. The grandfather would have to follow the terms of the trust that he created with his step children. Also, the grandfather would have to follow the terms of will of the grandmother unless he disputed ownership of her assets or objected to the Will. The grandfather can give away or put in another trust or keep any other assets that he owns that are not part of the trust with the step children or where not the grandmother's asset. He can do what he pleases with his own assets as long as they are separate from the assets in the trust with the stepchildren. There is no rule that a person cannot set up a trust within two years of death. There is rules about giving money away within two years of death if it is to avoid estate taxes and no gift tax occurred; and there are also Medicaid rules affecting transfers before getting Medicaid.

Let me know if that answers your questions. And if not, we can continue with our Q&A; or you can request a phone call, which would be much easier for you. It is up to you. I am here to help you.

Customer: replied 11 months ago.
The only reason why my Dad and his sister allowed my Grandfather to remain in the house after my Grandmother died was because he promised to leave his of the estate to them upon his death. So in essence, they would receive 100% of the estate when my Grandfather died. So I guess it must have been the type of Trust that could be changed. I don't know why my Dad would set it up this way, knowing that my Grandfather could change his mind if he wanted to. And the question I had about senior citizens not being able to create a Trust - this information was given to me by my cousin, who was told this information from a Trust Attorney whom is working with. You state there is no such law, so I'm wondering what that attorney was talking about? One last question. Did my Dad's 2 cousins have the legal right to take over the house, change the locks and deny my Dad and his sister entry into their own parents home? Even though they claim they have a Trust with Grandfather that entitles them to 1/2 of the Estate, until the matter is decided upon in court my a Judge, I would think that their Trust is no more important that the Trust my Dad and his sister have with my Grandfather. Could my Dad and his sister legally go over to the house and take back possession? If they went over there and did that and my 2 cousins called the cops, no police officer would be qualifed to decide which Trust prevailed, so could they get away with taking back ownership of their parents home and changing the locks once again?
Customer: replied 11 months ago.
To explain a little further, my Grandfather hired a woman to live in his home and cook and clean for him. She received a weekly paycheck from my Grandfather. This woman was friends with my Dad's cousins and this is why, when my Grandfather died, the cousins were able to get over to the house before my Dad could, change the locks and take possession of the home.
Expert:  Damien Bosco replied 11 months ago.

If your Grandfather promised an inheritance and is not following through with it, there could be potential claims against him. It is difficult situation because there is a history of case law that effects this type of promise. Also, your local trust attorney may know more than me. But what he said may also have been misinterpreted. Also, if the grandfather is in the home, he has a right to rent it as a life estate holder, and the remainderman are entitled to inherit. ARE YOU SAYING YOUR GRANDFATHER IS DEAD? If that is the case, then this changes everything. There could have been undue influence! I will send you a offer for a premium service to speak on the phone.

Customer: replied 11 months ago.
After my Grandfather died my Dad went over the house and told the live-in that my Grandfather was dead, her job died along with him and she needed to leave. She said she had no where to go and my Dad said that wasn't his problem. My Dad gave her 3 weeks to get her stuff together and move out. My Dad plans on going over to the house the day she is schedule to leave for good and he plans on taking back possession of the house at that time. He suspects that his cousins may also be at the house on the day this woman is supposed to move out for good and that, if he tries to take possession of the house back from them, they will call the cops. I told my Dad that they took over the house illegally and that a cop would probably side with him because the house is in fact his deceased parents home. I guess I'm trying to get confirmation from you that my Dad's cousins have no legal right to take over and occupy my Grandfather's home, correct? And yes to your last question - my Grandfather died about 2 weeks ago...
Expert:  Damien Bosco replied 11 months ago.

Hello: In these situations, it is tough. If your Grandfather did not adopt you dad, then technically, your dad is not his heir. He would have no standing as to his estate. However, he would have standing for his Mother's estate. Usually, in these situations, the Police may seal the house (prevent entry) until this is resolved. However, people in your Dad's situation can attempt to get an emergency court order to seal the house until the matter is resolved. Please note that if the cousins are the direct heir's to the grandfather, they may have rights also. The stepson would have to argue the trust remains in place and the house is his and his stepsister's house. This all would have to be brought to the Judge's attention. So, in sum, if the Police do not seal the house and prevent entry by anyone, your father may want to go to court immediately to file papers for an emergency order; and will have to file papers nonetheless eventually.

Expert:  Damien Bosco replied 10 months ago.

Hello again! I am following up to see if you still need further help. If so, please let me know. If not, I hope that I have provided excellent service and, if so, would love you to give me a 5 star rating for the service I provided to you.. If the answer was especially helpful you can provide a bonus too! Best regards.