I have a question... my mom prepared a irrevocable trust for her property since my sister and I don't get along. My sister is sneaky and seems to end up on my moms deed and so forth. My question is, in the trust that was created, in article 1.2 it states: I shall retain the right during my lifetime to use, occupy, sell, encumber, or otherwise dispose of the trust principal, at such address. Does that sound legal? Is it saying she can just sell the property or dispose of the whole trust ?
Thanks so much for your help!

Hello Terri:

She used the word trust "principal", which to me would mean everything in the trust.

Sounds legal to me, but, what do I know? Why wouldn't it be legal? During her lifetime, it's her property.

excon

That actually sounds like a standard clause.

Quote:

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Originally Posted by Terri Diegel

I shall retain the right during my lifetime to use, occupy, sell, encumber, or otherwise dispose of the trust principal, at such address.

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Hello again, Terri:

You know lawyers use language that only another lawyer can figure out. I think it's a look out for your brother kind of thing. It CERTAINLY keeps them in business.

Who wrote this trust? A lawyer, some software she bought, or one of her friends??

I don't like the term "at such address". Does that mean the property located "at such address", or does it mean that's the address of the lawyers office, where the "disposal" must occur? If it's the physical address of the property, why didn't they use the actual PHYSICAL ADDRESS?

I don't know, sometimes I hate lawyers.

excon

OK the issue will be, if the sister is on the deed, as ower with right of survivial, then the house will not go into the trust at mom death since it would be owned by the sister at that part in whole.

Your mom needs to have the deed and trust reviewed.

Thanks To All Of You! The Sister Already Signed Off The Deed, The Deed Is Going To Be Regisered. The Address Is Noted In The Trust... I Just Blanked It Out. Just Wondering If The Paragraph Is Standard For An Irrovocable Trust
Thanks Again