Sibling dispute over trust estate

I don't think you can stop her from selling the property but you can definitely buy the property from her.

Hi kerrin,

Are you and your husband mentioned in the trust as beneficiaries and your mom as the successor trustee? In that case, your mother cannot sell the house without your consent. But if it is not so, then she can sell the house as her name is on the title and she is the legal owner of the house.

whom can i contact, my sister and i are both disputing the living trust, she is the administrator, but is not following what is in the trust. besides an attorney, what govt entitiy looks over and governs living trusts?

Hi trudie,

You need to discuss this with an estate planning lawyer. He's the right person to tell you what legal procedure is there to dispute the living trust. There's no such separate Govt. entity that governs matters related to living trusts. If you want to dispute the living trust, you need to take the legal route. A judge will then decide the outcome of the dispute as per the laws applicable in your state.

Thanks,

Jerry

my mom wrote out a will in july i dont know whats init she went to hospice house september 21 and died nov 10 my sister says the will no good that she i s some trustee that was done while my mom was sick in hospice she wont tell anyone whats going on and is kicking my brother my dau and my two grandchildren out of the house yhere is 9 siblings 7 of us dont like whats going and we want to stop her till we all know whats going on and if we agree

If your sister is Trustee, that means there's a Living Trust, and it's her responsibility to distribute it to the family for review. She needs to prove to you she's the Trustee, and part of the legal process is for you and the other family members to challenge the Trust.

You don't have to do anything your sister says because the Living Trust hasn't gone through the Judicial system yet. You should contact a Probate Attorney and start that process. You should also look for the Will, because it'll come into play - especially if it disagrees with the Living Trust.

Can one sibling given a home in a living trust "sell/trade" that real estate to another sibling for part of the monetary inheritance and keep it tax-free as in the living trust?

Welcome Mimi,

The sibling who inherited the property can sell it off to someone else. If the property is removed from the trust, then I don't think it will remain tax-free.

my wifes brother is the executor of their moms living trust. he won't show it to us and claims she has nothing coming. what can we do about this. we really dont have the money to retain a lawyer.

Hi brad!

Welcome to forums!

The executor should show the documents to you. It would have been better if you could have hired an attorney for this purpose.

Feel free to ask if you've further queries.

Sussane

what are my options if the executor refuses to show us the living trust. we have been asking for a copy for over a month now. he says we have nothing coming and wants us out of our mothers house immediately. how do we file a challenge to the living trust?

Hi brad!

Welcome to forums!

You need to contact a real estate attorney and discuss the matter with him. He or she will guide you as to what actions you can take against the executor so that he shows you the deed.

Feel free to ask if you've further queries.

Sussane

can step sisters dispute living trust step mom died several years ago and step sisters don't visit or contact dad dad is still alive and has removed them from the trust what can we do to avoid there dispute

Welcome max,

If your father has already removed your step-sisters from the property trust, then your step-sisters may not be able to dispute it.

Can you contest a deed? and if so how, I need some help on this :(