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My parents had a trust drawn up just a basic trust are have…

My parents had a...

My parents had a trust drawn up just a basic trust are have their house listed in this trust however the house title was never changed to trust, my father died six weeks ago and my mother is now on hospice and incapacitated, I am the trustee of the trust and my brother is up to no good. Trying to take all my parents cash and assets . (my brother Lives in the house and I don’t ) we are supposed to split this house 50-50 and it’s contents .is this trust any good at all? will it save the house?what troubles lay Ahead for me and how can I get him out of the house. Ps. It still has a mortgage alsp

Lawyer's Assistant: Since estate law varies from place to place, can you tell me what state this is in?

Calif

Lawyer's Assistant: Has anything been filed or reported?

No

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

Just that my dads pen benefits and life ins haven’t even been applied foe since his death as my moms stroke has preoccupied me. I have poa on both parents and have taken care of their bills for years now my brother took all Monroe’s to his account and is trying to keep everything Monies not monroes

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Answered in 11 minutes by:
3/13/2018
Barrister
Barrister, Attorney
Category: Estate Law
Satisfied Customers: 42,500
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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is this trust any good at all? will it save the house?

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The trust only controls assets that are actually put in it. And real estate has to be deeded into the trust from the owners. So if parents didn't put the house into the trust with a deed from them to the trust, then the house isn't in the trust.

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So right now, the house is owned by father's estate and mother and if she is unable to sign a deed over to the trust, then yes, the trust wouldn't really serve any purpose.

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If mother is incapacitated and unable to manage her affairs, if you have a financial POA to take over her finances, then you are in control of her money. So you would want to take control over any accounts and make sure no one else had access to them.

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I am not sure how your brother would take their money if he isn't listed as a joint owner on any bank account though?

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As for brother living there, as mother's POA, you have the legal authority to evict him if you give him a written 60 day notice to vacate if he has been there over a year, 30 days if under a year. Then you can evict him through the courts if he won't move out voluntarily.

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.

thanks

Barrister

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Customer reply replied 4 months ago
He also moved his son and girlfriend into the house. He was a joint acct holder on my fathers accts where most bills where paid from but took all money right after he died. The day he brought my mom home from the convalescent hospital, he took her by the bank and had her withdrawal the savings and add him to the acct. confused and very ill she did what he told her to do
Customer reply replied 4 months ago
Do I need to have cause to evict him and what if my mom dies prior to his 60. Days?

He was a joint acct holder on my fathers accts where most bills where paid from but took all money right after he died.

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Ok that explains it... when father passed, brother instantly became the sole owner of the account and any money in it..

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So if there is any money in the accounts now, it would be a good idea for you to pull it all out and open an new account only in your and mother's name.

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And no, you don't need any reason to evict him, you just have to follow the law. If she passed, your POA expires as well and the house goes into their estates. If father and mother owned the house jointly, then it became mothers' solely when father passed. So it would only be in her estate if she passed.

.

Someone would have to file a probate case to settle their estate and if that was you, you can then start a new eviction case with a new 60 day to get him out so you can get the house sold and divide up the assets of the estate according to any will or default state law if they didn't have wills.

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thanks

Barrister

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Customer reply replied 4 months ago
the trust document does list a few other things specially to go one or the of us does that still apply?

If those assets have actually been placed into the trust, then yes. If it is something with a title or ownership records like a car or a bank account, it has to be titled to the trust. If it was personal property like a clock or a ring, it just has to be listed on a list of assets and attached to the trust documents.

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Did you have any further questions I can help with?

.

.

thanks

Barrister

Barrister
Barrister, Attorney
Category: Estate Law
Satisfied Customers: 42,500
Experience: 17 yrs estate law, real estate. Wills/Trusts/Probate
Verified
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