Estate Law

Estate law questions? Ask an estate lawyer.

Ask a Lawyer,
Get an Answer ASAP!

This answer was rated:

My mother and stepfather have a revocable (living) trust.

My mother and stepfather...

My mother and stepfather have a revocable (living) trust. Mother recently passed away. 92 year old stepfather has been found by the Department of Veterans Affairs to be incompetent to manage personal affairs. His children are attempting to sell trust assets before he dies. Is there a way to stop this? He has four children and she (mom) has four children, all of whom are beneficiaries of the trust. Since he is incompetent and his kids are beneficiaries does this make them ineligible to make direct decisions regarding trust assets?

Lawyer's Assistant: Estate laws vary by state. What state are you in?

New Mexico

Lawyer's Assistant: What documents or supporting evidence do you have?

I have a copy of the VA incompetency finding and a summary of the trust.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

I don't want to prevent my stepfather from using funds that will facilitate his care. I went through months of work to get the VA aid and attendance pension to help him and my mom pay for assisted living. After her death he is still entitled to $1700 per month for aid and attendance. He also has Social Security income of $1,900 per month and other pensions of approx. $1,000 per month. He is now living in an independent living apartment that is approx. $1,700/month and has meals, laundry, cleaning services provided for approx $1,000/month.

Show More
Show Less
Ask Your Own Estate Law Question
Answered in 4 minutes by:
7/10/2017
LawTalk
LawTalk, Attorney
Category: Estate Law
Satisfied Customers: 37,876
Experience: I have more than 25 years of experience in the practice of law.
Verified

Good afternoon,

I'm Doug, and I'm very sorry to hear of your family's situation. My goal is to provide you with excellent service today.

The children have no legal way of selling off the assets of the Trust or distributing the assets of the trust while either of your parents/stepparents are living. If one parent has passed and the other was recently ruled incompetent, then the Successor Trustee (named in the Trust) will need to speak with a local probate attorney about becoming the official Successor Trustee and take over the handling of the trust. However, it is highly unlikely that the Successor Trustee will be able to anything with the trust---other than maintain it---until your step-father has passed.

You may reply back to me again if you have additional questions, and I will be happy to continue to assist you.

I am not an employee of this site and I am only paid for helping you when you rate my service to you. Please remember to rate my service to you by clicking on the rating stars on your screen (preferably 5-Stars) so that I can be compensated for helping you. Thank you in advance.

I wish you and yours well in 2017,

Doug

LawTalk
LawTalk, Attorney
Category: Estate Law
Satisfied Customers: 37,876
Experience: I have more than 25 years of experience in the practice of law.
Verified
LawTalk and 87 other Estate Law Specialists are ready to help you
Ask your own question now

Thank you for your positive rating of my service. It has been my pleasure to assist you and I hope that you will ask for me on JustAnswer should a future need ever arise. I am generally available at least 6 days a week, and often 7, and it would be my privilege to assist you again in the future.

I welcome you to request my assistance in any future legal questions you may have, by simply asking for me by name, Doug, in the first sentence of your new question.

Thanks again.

Doug

Ask Your Own Estate Law Question
Customer reply replied 10 months ago
Thank you for your rapid response. It is disconcerting that one of my stepsisters, who is power of attorney for my stepfather, seems to think there is nothing wrong with her dad (she is in denial). She says that her dad wants to sell the house. I am concerned that the trust states
"Any Trustee/Grantor has the power and authority to manage and control, buy, sell, and transfer the trust property, in such manner as the Trustee may deem advisable, and shall have, enjoy and exercise all powers and rights over and concerning said property and the proceeds thereof as fully and amply as though said Trustee were the absolute and qualified owner of same, including the power to grant, bargain, sell and convey, encumber and hypothecate real and personal property, and the power to invest in corporate obligations of every kind, stocks, preferred or common and to buy stocks, bonds and similar investments on margin or other leveraged accounts, except to the extent that such management would cause includability of an irrevocable trust in the Estate of a Trustee."
Customer reply replied 10 months ago
Should I file Lis Pendens or some other form of cease and desist or restraining order?

Again, only your step father, if he is competant, or the successor trustee if he is not competant has the right to run the trust.

Ask Your Own Estate Law Question
Was this answer helpful?
Ask LawTalk Your Own Question
LawTalk
LawTalk
LawTalk, Attorney
Category: Estate Law
Satisfied Customers: 37,876
37,876 Satisfied Customers
Experience: I have more than 25 years of experience in the practice of law.

LawTalk is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

My husband has been driving me insane with questions regarding estate issues since his mother died. I'm not a lawyer! Thanks to JustAnswer, I was able to calm his concerns.

Loretta TIllinois

Thanks Adam!! - A very direct and understandable response - you have been a great help!

Happy CustomerEllicott City, MD

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

< Previous | Next >

Meet the Experts:

Thomas McJD

Thomas McJD

Attorney

3,170 satisfied customers

Wills, Trusts, Probate & other Estate Matters

Barrister

Barrister

Attorney

5,488 satisfied customers

17 yrs estate law, real estate. Wills/Trusts/Probate

RayAnswers

RayAnswers

Attorney

5,126 satisfied customers

Texas lawyer for 30 years in Estate law

Infolawyer

Infolawyer

Attorney

5,032 satisfied customers

Licensed attorney helping individuals and businesses.

Ely

Ely

Counselor at Law

1,841 satisfied customers

Fully licensed attorney in Texas in private practice.

RobertJDFL

RobertJDFL

Attorney

1,454 satisfied customers

Experienced in multiple areas of the law.

ScottyMacEsq

ScottyMacEsq

Attorney

1,167 satisfied customers

Licensed Texas General Practice Attorney

< Previous | Next >

Related Estate Law Questions
What happens when two siblings inherit a house 50/50?
What happens when two siblings inherit a house 50/50 (est. value $580K). One of them is the executor, and one is me (actually my husband). The third sibling (who inherited different property (est. val… read more
Daniel P.
Daniel P.
Managing Attorney
Juris Doctor
2,741 satisfied customers
I need to locate & view my Mother's Will simply to see if
I need to locate & view my Mother's Will simply to see if I'm a beneficiary. Not surprisingly, my punk half-brother (the Executor) is not co-operating with me to resolve this matter and, I believe, ai… read more
N Cal Atty
N Cal Atty
Doctoral Degree
59 satisfied customers
My grandmother died a couple of months ago and left a will.
My grandmother died a couple of months ago and left a will. Apparently she left me some money in the will, but there has not been a reading of the will (to my knowledge) nor have I been officially not… read more
Dave Kennett
Dave Kennett
Doctoral Degree
25,741 satisfied customers
Under California Estate law, are statutory probate fees
Under California Estate law, are statutory probate fees calculated from the estimated property tax value? Do they include debt? For example, a home valued for property taxes at 310K, appraised by a ce… read more
Jessica B
Jessica B
Juris Doctor
1,052 satisfied customers
Prior to a estate being settled in probate court, should a
prior to a estate being settled in probate court, should a attorney representing only 3 of 5 heirs be paid for his services prior to settlement? The other 2 heirs have their own attorney The estate is… read more
RayAnswers
RayAnswers
Attorney
Doctoral Degree
5,126 satisfied customers
THE ATTORNEY DOING THE PROBATE WORK FOR MY PARENTS ESTATE
THE ATTORNEY DOING THE PROBATE WORK FOR MY PARENTS ESTATE WAS NOT ANSWERING MY QUESTIONS. I SOUGHT ADVICE FROM ANOTHER ATTORNEY WHICH I HAVE DISENGAGED FROM AND NOW THE ESTATE CLAIMS HE NO LONGER REPR… read more
RayAnswers
RayAnswers
Attorney
Doctoral Degree
5,126 satisfied customers
We have an estate in probate in Missouri. How does this
We have an estate in probate in Missouri. How long does this take. Every time we call they give us a different date. It hasn't all been sent to the courts yet even though all paper work is done. … read more
RobertJDFL
RobertJDFL
Attorney
Juris Doctorate
1,454 satisfied customers
Aunt's Estate is going through probate in California. We
Aunt's Estate is going through probate in California. We just submitted the Petition for Final Distribution and the examiner left some Probate Notes. We cleared 2 of them... But the last one didn't. H… read more
RayAnswers
RayAnswers
Attorney
Doctoral Degree
5,126 satisfied customers
The probate court recently named the fiduciary to an estate
Second opinion] The probate court recently named the fiduciary to an estate due to lack of response by the other heir named in the will who claim is that another will was written after the first howev… read more
Irwin Law
Irwin Law
Juris Doctor JD
7,166 satisfied customers
The probate court recently named the fiduciary to an estate
The probate court recently named the fiduciary to an estate due to lack of response by the other heir named in the will who claim is that another will was written after the first however the 2nd will … read more
Barrister
Barrister
Attorney
Doctoral Degree
5,488 satisfied customers
If an individual estate is in probate and a property is sold
if an individual estate is in probate and a property is sold that he was an heir, how are the proceeds distributed?… read more
Jessica B
Jessica B
Juris Doctor
1,052 satisfied customers
Estate is in probate in california. the estate has out of
estate is in probate in california. the estate has out of state assets.1.) colorado home - just sold without going through referee valuation Sold for $260,000 on 1/24/2018 2.) nevada corp operating in… read more
socrateaser
socrateaser
1,031 satisfied customers
duties of the executor of the will in the state of alabama
duties of the executor of the will in the state of alabama… read more
Barrister
Barrister
Attorney
Doctoral Degree
5,488 satisfied customers
My friend received a form to sign Waiver of Right to Administer
My friend received a form to sign: Waiver of Right to Administer from the probate court of Cuyahoga county, Ohio. What does this form mean in detail? His sister just passed last week. Thank you Kather… read more
Georgetown Lawyer
Georgetown Lawyer
Principal Attorney
Post-Doctoral Degree
11,193 satisfied customers
I need a copy or format of a letter to creditors after death
I need a copy or format of a letter to creditors after death when there is no assets or estate.… read more
RobertJDFL
RobertJDFL
Attorney
Juris Doctorate
1,454 satisfied customers
Can the executor of will who is also a beneficiary stop another beneficiary from entering
Can the executor of will who is also a beneficiary stop another beneficiary from entering the home that according to the will becomes equally both of theirs. Can the other beneficiary remove the lock … read more
LawGuy
LawGuy
Juris Doctor
123 satisfied customers
Need information about Wells Fargo Estate services.
Wells Fargo does not provide estate accounts to any of its customers, despite the fact that they are an international bank. My fiance's grandmother passed away and we were forced to open an account wi… read more
Ely
Ely
Counselor at Law
Juris Doctor
1,841 satisfied customers
Why do you need to open an estate account and do you need to
Why do you need to open an estate account and do you need to have a tax id number for the estate? My father passed away and has almost 1 million in different banks, my brother thinks he can just close… read more
rvlaw
rvlaw
Judge
Juris Doctor
3,203 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x