How to work with an unchangeable will after death?

Asked almost 2 years ago - Malibu, CA

Hi my friend and his mom just inherit over a million dollar properties after his father's death. According the the will, my friend can only access to the inheritance after he reaches age of 30 or after his mom's death. His mom is the trustee who has no right to refinance or sell any of the properties. So basically no one can enjoy or manage the inheritance at the moment. Is there any way they can work with the will or the trust? They do need some cash for remodeling some properties. Any advise would be greatly appreciated.

Attorney answers (3)

  1. Michael Charles Doland

    Contributor Level 20

    2

    Lawyers agree

    Answered . A lawyer would have to read the will and have a firm grip on all the facts. Usually a life estate (to the wife) is part of the "package". Usually there are rights to encumber the property to maintain or improve them. Since propbate will probably be required to transfer the properties, you could seek authorization from the probate court. I am in Brentwood. doland@dolandlaw.com

    The above is general legal and business analysis. It is not "legal advise" but analysis, and different lawyers may... more
  2. Donald Joseph Quinn II

    Contributor Level 15

    1

    Lawyer agrees

    Answered . Sounds like a testamentary trust. If so, then the trustee's powers must be delineated in the document. Your friend needs to retain counsel to see what the will/trust says the trustee can do to preserve the value of the assets.

    Legal disclaimer: This answer does not constitute legal advice. I am admitted to practice law in the State of... more
  3. James P. Frederick

    Contributor Level 20

    1

    Lawyer agrees

    Answered . As Attorney Doland pointed out, you have asked us what your friends' rights are under documents that we cannot read and review. The answer is almost certainly there. There is obviously more than enough money involved to do this right and to check with a probate expert. They need an attorney to review this and let them know their options.

    James Frederick

    *** LEGAL DISCLAIMER I am licensed to practice law in the State of Michigan and have offices in Wayne and... more

Can't find what you're looking for? Ask a Lawyer

Get free answers from experienced attorneys.

 

Ask now

24,431 answers this week

2,628 attorneys answering

Ask a Lawyer

Get answers from top-rated lawyers.

  • It's FREE
  • It's easy
  • It's anonymous

24,431 answers this week

2,628 attorneys answering