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My mother in law just passed away. the property is in a

Customer Question
My mother in law...

My mother in law just passed away. the property is in a family trust with my wife the trustee. I was looking for some sort of document that could be used for an agreement for the dispursal of the property for the 3 daughters of the deceased.

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

Arkansas

Lawyer's Assistant: Has any paperwork been filed?

Not yet. We don't know much about this stuff... thank goodness.

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

I don't really know.

Submitted: 8 months ago.Category: Real Estate Law
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Answered in 2 minutes by:
11/22/2017
Real Estate Lawyer: Legal Eagle, Lawyer replied 8 months ago
Legal Eagle
Legal Eagle, Lawyer
Category: Real Estate Law
Satisfied Customers: 13,468
Experience: Licensed to practice before state and federal court
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Hello! I am a licensed attorney, admitted to practice in state and federal court. I have a nearly 100% satisfaction rating (click here for more info) so all that means is that you can count on me to help today. Because I want to provide you with the most accurate answer possible, do you mind if I take a moment to review your question?

Please keep in mind that our conversation does not include an attorney-client relationship and this is for general information purposes only.

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Real Estate Lawyer: Legal Eagle, Lawyer replied 8 months ago

Thanks so much for your patience on this. Generally, if your wife is the trustee, then she will be required to disburse the property according to the terms of the trust. This means that if your mother in law decided that the property in the trust be for a specific purpose, then your wife is required to use that money in the manner that your mother in law wanted. Usually, a trustee has some discretion on how to distribute the trust as well. If your mother in law wanted the $ in the trust to be distributed among the 3 daughters, then your wife doesn't need to do anything special or in addition to what she is already supposed to be doing. No additional documents are needed for this to happen at all. My only recommendation to you would be to have your wife draw up some sort of document that shows what she transferred, when, how much, and to whom. This way, there's no question if a beneficiary decides to sue her for misuse of the funds.

What other questions did you have for me?

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

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