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Ray, you helped me with some questions a few days ago. I…

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Hi Ray, you helped me...
Hi Ray, you helped me with some questions a few days ago. I have one more question. If my sister decides to sign a disclaimer of interest for her part of the home that my mother left to her in her Living trust, Is she allowed to transfer her interest to myself since I was not named in the trust as a beneficiary? Also, if I decide not to take any interest in the home and instead have her transfer her interest to my brother who is the other beneficiary, can we do that by transferring it into a single-member LLC with my brother as the member manager?
Submitted: 22 days ago.Category: Estate Law
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Answered in 2 days by:
4/5/2018
Estate Lawyer: Irwin Law, Attorney replied 19 days ago
Irwin Law
Irwin Law, Attorney
Category: Estate Law
Satisfied Customers: 7,545
Experience: 30+ yrs. handling probate estate, wills, trust, inheritance & real estate related matters
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If sister is a beneficiary of the trust she can quitclaim deed her interest to anc goyone she wishes. The LLC can own real estate with your brother as member manager. I hope that this answer is helpful. Please rate five stars. Thanks.
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Customer reply replied 19 days ago
In order to quit claim her interest in the property the property has to be put in her name as co-owner with my brother first. She is trying to avoid having it put in her name at all. Will the disclaimer of interest be sufficient? Also, after she signs the disclaimer of interest, do we have to let the heirs know that she will not be part owner? Our concern is that The siblings may be more likely to contest the trust if they know that my brother is getting the whole house. When we provide them a copy of the trust it will say that the house is split between her and my brother. I am wondering if we have to disclose to them that my sister is disclaiming her interest.
Estate Lawyer: Irwin Law, Attorney replied 19 days ago
I would have to read the entire trust in order to answer this question. If Sister disclaims, then her interest might pass to the residuary beneficiaries. Also, I can't say what notice has to be given to other beneficiaries. As I said, a good trust lawyer should review the entire document before any action is taken.
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