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    marysanjose's Avatar
    marysanjose Posts: 1, Reputation: 1
    New Member

    Oct 27, 2007, 04:43 PM
    Living Trust
    My father passed away 2004 and I was told he had done a living trust to avoid probate when he died my oldest sister said she was named executor of my dads estate I asked to see the will or trust at that time and she said everything was left to my mom and when she died it would be read now my mom has passed on 10-20-2007 and my sister was trying to sell her house and put her in a moble home she purchased the moble home and put the house up for sale my mom died before it sold but my sister is still in full control of her assets and is still selling the house she says she has fianacial power of attorney there are 10 of us kids left and 9 of us are supposed to split the assets one was written out that's what I was told my questions is none of thses documents are on public record and my sister has said nothing about what or how things are to be distributed and all my siblings are afraid to ask but she has done some questionalbe things like took out a second on her house to get the moble home but when my mom got sick she took the money from my moms account and paid her self back 150,000.00 in case she died. Can she do this? And can she still go through with the sale she under priced the house to sell it quick and what happends to the moble home? How can I see the Trust and get full financial discloure with out looking like I'm worried about the money does she have the say so on all my moms personal things too? I don't have any money for an attorney.
    Choux's Avatar
    Choux Posts: 3,047, Reputation: 376
    Ultra Member

    Oct 27, 2007, 05:07 PM
    I have seen a lot of living trusts... when I was in the banking business... many married couples had family trusts with the husband and wife as trustees, and then in the event of both their deaths, how the remains of their estate is to be divided among the children and grandchildren.

    Now, if your father had a living trust and left the assets in the trust to your mother when she died, did your mother have a living trust bequeathing the remains of the estate to her children? Or, did his trust leave money to his children in the event of his wife's death.

    Things can be somewhat complicated.

    If I were you, I would call your sister and say that you are coming over at such and such a time to see the trust document. Don't raise your voice and argue.

    Go over... if she refuses, just leave.

    You will have to visit a lawyer so he/she can get a copy for you of ALL relevant paperwork.

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