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My parents passed away 2 years ago, my brother is over their…

Customer Question
My parents passed away...

My parents passed away 2 years ago, my brother is over their living trust, He has not given us our land that our parents left us. How long can he hide the trust from us and is there a certain time limit to take him to court

Lawyer's Assistant: Since laws vary from place to place, what state is this in?

Texas

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

I have the pages from the trust that says I get my land, but he will not sign it over to me

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

I am just worried there is a time limit and he is holding the trust until it expires

Submitted: 8 months ago.Category: Estate Law
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Answered in 4 minutes by:
11/15/2017
Estate Lawyer: Barrister, Attorney replied 8 months ago
Barrister
Barrister, Attorney
Category: Estate Law
Satisfied Customers: 42,566
Experience: 17 yrs estate law, real estate. Wills/Trusts/Probate
Verified

Hello and welcome! My name is ***** ***** I am a licensed attorney and will try my best to help with your situation. There may be a slight delay in my responses as I type out an answer or reply.

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Do you have a copy of the entire trust?

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If so, does it state when the trust is supposed to disburse assets? (i.e. upon the last grantor's death)

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What is his reasoning when asked why he hasn't distributed the assets?

.

.

thanks

Barrister

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Customer reply replied 8 months ago
I only have the pages that say's I receive my land. He has kept the whole book. It was suppose to be given to us upon the grantors death
Customer reply replied 8 months ago
If you could just tell me if there is a time limit on living trust, I need to know if I can get an attorney to make him give me my land and that I haven't waited to long
Customer reply replied 8 months ago
He wants all the land.
Customer reply replied 8 months ago
Is there an answer to these questions
Estate Lawyer: Barrister, Attorney replied 8 months ago

Sorry for the delay, just a minute while I type out a response..

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Estate Lawyer: Barrister, Attorney replied 8 months ago

From a purely legal perspective, the only deadline that is set is set by the trust itself. So if the trust says that it is to settle and end upon parent's death, which is normal, then it is up to the trustee to follow those terms and settle the trust.

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But there is no one who oversees this to make sure he does so other than the beneficiaries. So it would be up to you to hold his feet to the fire to get him to follow what the trust says about when assets are to be distributed.

.

And for that, you need a complete copy of the trust so you know when it is to disburse. When the last maker of the trust dies, the trust becomes irrevocable and any beneficiary has the right to request a full copy. So you need to contact the trustee and send them a written letter, certified mail, demanding a full copy of the trust, an Inventory of assets in the trust, and an Accounting of any inflows and outflows from it since parents passed.

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If he refuses, then you would need to file suit against him in the local probate court for breach of his fiduciary duty and sue him to have a judge order him to distribute the assets according to what the trust says.

.

But as to your question about getting your land, no, it wouldn't matter how long it takes to settle the trust, he can't claim the land that is supposed to come to you.

.

.

thanks

Barrister

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Customer reply replied 8 months ago
But all the land was put in his name to go into the trust. But in the trust it was said by my parents that he had to give us our part of the land
Estate Lawyer: Barrister, Attorney replied 8 months ago

The land should be titled to him, as trustee of the "Parent's name" revocable trust... It isn't in his name personally, only in his name as trustee of the trust..

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So if he is intentionally dragging his heels and milking the trust for paying himself, you would have to do what I said about with the certified letter and then the lawsuit if he won't respond or disburse assets..

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thanks

Barrister

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Estate Lawyer: Barrister, Attorney replied 8 months ago

Hello again,

.

I just wanted to touch base with you and check in.

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Did you have any further questions I can help with?

.

.

Thanks much

Barrister

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