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Irwin Law
Irwin Law, Lawyer
Category: Real Estate Law
Satisfied Customers: 7416
Experience:  Lawyer- Broker 30+years - foreclosure, short sale, liens, title attorney.
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My mother died 10 days ago. I discovered our family's home

Customer Question

My mother died 10 days ago. I discovered our family's home was not in mom's name (Treasa Figueroa) but in my brother's name (Albert Forvilly) Of the three remaining children I am the youngest and the only Figueroa because Our Step dad Charles Figueroa adopted me. According to the papers at the Bureau of conveyances, my brother set up a trust so that he inherits 70% of the sale of the house and my sister Gloria and I gets 15% each. I was the only child residing with Mom (since 1995) My daughter, grand daughter and I took care of her until she passed. I believe my brother took advantage of my mom's frailty and health condition and swindled us by taking her and changing the paperwork. Can the trust be broken so that our inheritance is equal?
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  FamilyAttorney replied 1 year ago.

Hello. I’m a licensed attorney with 36 years’ experience. I am a family lawyer and an appellate attorney, but I have many years’ experience with landlord-tenant issues, contract law, and other types of law. I also have written hundreds of legal articles. I look forward to helping you today.

Please note:This is general information and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an attorney on this site.

At the end of this discussion I'm going to ask you to please rate me as that's the only way I get credit for my time here today. Are you okay with rating me at the end of our discussion? Thanks! I work very hard for you to make sure you have a thorough answer.

Please also understand I am typing my answer to your question – usually a detailed answer – and I’ll be back to you asap.

Customer: replied 1 year ago.
I said I would pay the $45 where is my answer? Another question I forgot - is there a good Real Estate Attorney you can refer me to?
Expert:  FamilyAttorney replied 1 year ago.

I just got here so I was about to type your answer. Would you prefer a real estate attorney here?

Customer: replied 1 year ago.
I just need someone who can tell me if the trust can be broken and if you can refer me to a good Real Estate lawyer in Hawaii.
Customer: replied 1 year ago.
I was told I would get an answer right away. Why pay for an answer 24 Hrs Later. Keep your answer. I want no part of this. Do not take my money or I will turn you in. I want out of anything I agreed to.
Expert:  Dwayne B. replied 1 year ago.

Different expert here, I see the other expert opted out.

Hello and thank you for contacting us. This is Dwayne B. and I’m an expert here and looking forward to assisting you today. If at any point any of my answers aren’t clear please don’t hesitate to ask for clarification. Also, I can only answer the questions you specifically ask and based on the facts that you give so please be sure that you ask the questions you want to ask and provide all necessary facts. Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms.

We're not allowed to give specific referrals but I can point you to a good website that lists attorney and then discuss with you the specialties of attorney that you will want to look at if that's sufficient.

Also, no one on here can tell you whether your specific trust is going to be broken by the court. We can discuss with you how you would go about it and then we can also cover the issues which will be important in determining whether the judge does decide to bust the trust or not as well as other issues that are going to come up.

Would that be sufficient or would you prefer for me to opt out and open it back up to other experts?

Expert:  Irwin Law replied 1 year ago.

Hello, I am a different expert and I will assist with your question. A trust can be broken provided that you can prove to the satisfaction of the court that it was the product of undue influence that was brought to bear on your mother by whoever instigated the preparation of the trust. But you have a bigger problem. You said that the home is already in your brother's name indicating that your mother made a gift to him prior to her death and perhaps even prior to creating the trust. Therefore you have to not only break the trust, but you have to also sue to set aside the deed. That would involve establishing much the same evidence as breaking the trust, i.e. undue influence, and the mental capacity of your mother at the time of execution.The best we can do at this website is provide you with a list of Hawaii at attorneys who practice law in this area. I hope that is satisfactory under the circumstances.