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Asker
Posted over 1 year ago.

My Dad purchased and owned everything in his name including the house. The house was originally titled in his name alone. Then he took a reverse mortgage and the house was titled to a trust of which he is 1st and she is 2nd trustee. Yes he had alot of items which were his way before they even met and then the other items which were purchased when they were together he purchased with his money. I had an attorney and he wanted more money to continue and I didn't see where his services were accurate. It's funny that everyone thinks I haven't been represented by an attorney but you know there are good and bad attorney's just like good and bad car mechanics. I asked him all these questions, he never gave me a straight forward answer on it. He made me believe in the state of Georgia all of the Assets are entitled to the Estate since my Dad purchased all of them in his name. The House and all is in a phony trust that is not good. It say's irrevocable trust on the trust documents and not grantor, you cannot be the beneficiary of an irrevocable trust as a trustee. There is alot to dispute and as heirs we have the right to dispute it all in court. Also in the state of Georgia if there is a will it needs to be filed with the clerk or it's a misdemeaner offense. It also needs to be determined it'a a legal will because what we say it doesn't meet the criteria of a legal will in the state of Georgia.

Loraine M. DiSalvo
Loraine M. DiSalvo, Probate Attorney - Alpharetta, GA
Posted over 1 year ago.

Actually, you CAN be both a beneficiary and a trustee of an irrevocable trust, and unless someone trying to answer your question on this site has seen the trust we have no reason to think it isn't good. If a trust is actually the owner of the assets then neither the Temporary Administrator nor the probate court has any jurisdiction or power over the trust-owned assets. It does sound like you didn't get good advice. That's not a reason not to get a better lawyer. If you want to try to challenge the trust and the transfers made into it, you go to Superior Court, not probate court. It's not as easy as challenging the Will. Temporary Administrator has power only over assets which became part of your father's probate estate at his death, not assets which he had transferred to a trust before his death. You've got a big mess on your hands. Try to find a much better attorney and get some better advice, and best of luck to you.

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Posted over 1 year ago.

Yes your on track, we would challenge the trust only because we know the trust creator was indicted by the department of Justice for creating scham trust and he fled the country never to be found. As Temporary Administrator the trust was created by my father and this man who was indicted (not like my Dad knew it was a scham at the time), and I should be able to get that as part of the Estate and find out. My Current issue is getting Access to the property or assets that Are part of the Estate. We won't make an all out effort for all the assets now until the judge assigns us a Permanent Administrator.
We have a mess now because we are trying to see if the Orders carry any bite meaning that the State of Georgia Probate Judge in Columbia County has issued orders to Collect and Preserve those asset which are in the possession of the heir who is not cooperating, how do we get the law to act on this to enforce the order. More law procedures in court, a hearing, a Baliff, a Sheriff ? What all you lawyer genious out there can tell me on this ?

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Asker
Posted over 1 year ago.

This is a mulitple choice answer for all you law students. Please consider an answer based on Actual law and not opinion ?))

Loraine M. DiSalvo
Loraine M. DiSalvo, Probate Attorney - Alpharetta, GA
Posted over 1 year ago.

No Administrator, temporary or permanent, will be able to collect assets which are owned by a trust. This isn't an opinion. It is the law. If the house was transferred to a trust, very likely so were other assets, including your father's personal property. In that case, if his wife was listed as a trustee, she is under no legal obligation whatsoever to turn over trust assets to any Administrator of your father's estate. That's what you are facing here, based on the information you've put in your answers. You can't enforce your probate court order unless you can address the issue of whether assets are held by a trust.

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Posted over 1 year ago.

Let's talk about the Trust since seem to have an Iron Curtain on trusts. A grantor Trust is a trust created by the asset owner and is controlled by Settler / Creator / Grantor, anyway this trust was not a grantor trust. The trust was created by Royce McCarley,
http://www.justice.gov/tax/usaopress/2003/txdv03mccarley_ind_pr.html
please feel free to look at the link here cut and paste it in your browser , or look up that name on the Internet, what you'll find is he was the Settlor / Creator / Grantor for a Trust Irrevocable. Royce McCarley was indicted by the DOJ for Creating Scham Trusts. This Trust was created by him. Next point. You cannot as a Trustee, transfer your own assets into an Irrevocable trust which you yourself are not the the Settlor / Creator / Grantor. In this case he was and as a trustee you must maintain the beneficiary's. In this case he made the Beneficiary another Trust and passed K1 Distributions to the other trust to an offshore trust and out of the Jurisdiction of the IRS. So this was not a Trust for My father to put his assets into, hahaha) in fact according to the IRS's definition of an Irrevocable trust that's illegal to do but he was told it was ok and he did it. All that needs to happen here is to go to court and explain it to the judge. That being said. The Trustee cannot control their own property or it's considered a Grantor Trust, this trust was defined as Trust Irrevocable. It's being operated incorrectly and used incorrectly and started by someone who is a known felon for creating Scham trusts. You can look at this case as well:
U.S. v. MCCARLEY, No. Criminal No. 3:03-CR-064-D (N.D.Tex. 07/11/2003) 5 UNITED STATES OF AMERICA, PLAINTIFF, VS. ROYCE COLEMAN MCCARLEY, DEFENDANT. He lost the case because he defended himself and he walked out of court and left forever. They never found him either. Anyway the trust I'm speaking of was created by him and is illegal. Let's say it was illegal and the judge agreed. The assets would become part of the estate and then the right of survivorship in Georgia would allow what ? Here is a quote from you 2 years back : Therefore, the general rules in Georgia would mean that a joint bank account transfers automatically at one owner's death unless specifically stated otherwise, but jointly owned real estate does not transfer automatically unless the deed states specifically that it does. ? Any new changes ?