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We recently encountered a problem with sale of deceased

Customer Question
We recently encountered a...

We recently encountered a problem with sale of deceased parents home. one of trustees, signed as being only trustees leaving my other sister out but, was caught by Title Co. Just found out its a Federal Offense. Since she made this big mistake already. She wants to pay a sister that lived with my mother and helped her pay bills. The trust says at time of death anything pending should be paid? Can we pay bills prior to death? more

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

California

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

I have a copy of Trust, going by that. My sisters word that she helped mother

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

My sister lived in home for 8 years b4 we asked her to leave so we could clean and fix home to sell. She wants to claim all utilities while she lived,at parents home.,but she had a tri plex she could of stayed there.and payed her own utilities. is this right! No one is charging her rent because she did help parents.

Submitted: 3 months ago.Category: Estate Law
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Answered in 2 hours by:
4/3/2018
Estate Lawyer: Barrister, Attorney replied 3 months ago
Barrister
Barrister, Attorney
Category: Estate Law
Satisfied Customers: 42,576
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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Does the trust state that both trustees have to act together.... or that they can act independently... or is it silent?

.

Can we pay bills prior to death?

.

Are these debts incurred by parents prior to death?

.

.

thanks

Barrister

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Customer reply replied 3 months ago
together
Customer reply replied 3 months ago
The only debt was hospital bill and funeral. One of the trustees wants to pay other trustee because she lived with mom last few years and paid mosst of her bills. she also lived at home 8 or 9 years, now we have to pay all utilities taxes,home insurance for 11 years.
Customer reply replied 3 months ago
when i say 8 or 9 years that is after mom passed away, and before we all new their was a living trust
Estate Lawyer: Barrister, Attorney replied 3 months ago

The estate and the trust are liable for the payment of any final debts or expenses... While a trust doesn't go through probate, it is still part of the decedent's estate and is subject to creditor claims if it was revocable while the grantor was living.

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But if there was no specific agreement for the other trustee to be paid for providing care services, then the trustee can't just unilaterally decide to now create a contract where they get paid...

.

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thanks

Barrister

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Estate Lawyer: Barrister, Attorney replied 3 months ago

Hello again,

.

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

.

Did you have any further questions I can help with?

.

.

Thanks much

Barrister

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