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I am being gifted a property from a woman I have worked for from time to time. The property is in a revocable trust, is it legal

Shingle Springs, CA |

She is 97, has some family a son and a daughter. She is of sound mind and body, not much contact with her family if any. I have asked why she wants to do this, she says to help me, I have some concerns obviously, what should I do?

Attorney Answers 3


  1. She should discuss this with her attorney, not with you. If the documents are drawn up properly, it would be legal. However, family members may object so you need to be careful about what you do. Do not take her to the attorney's office, do not make an appointment for her to see an attorney (especially your attorney), do not discuss the matter with her anymore, do not try to influence her. You do not want it to appear that you have influence her in any way.


  2. First of all, if the property is in the trust and you have not received a deed from the trustee, then the property has not yet been gifted to you. You may have been named as a beneficiary of the trust for the specific gift, and in that case, you have an expectancy, but no enforceable rights. Secondly, you may be prohibited from taking any donative transfers if you drafted the paperwork for the gift, or you have a fiduciary relationship with or are the care custodian of the 97 y.o. woman, or you are a relatve, cohabitant or employee of any such person. (See Probate Code 21350) The law will look at large gifts to a non-family person with a jealous eye.

    Richard A. Rodgers, Esq.
    (805) 230-2525
    200 N. Westlake Blvd. Ste 201
    Westlake Village, CA 91362
    rar@sd-attorneys.com
    www.sdresq.com

    As stated in the AVVO.COM Terms and Conditions of Use, this answer is not intended as legal advice, and no attorney-client relationship or privilige is created by this response.


  3. The other two lawyers have given you sound advice. She needs to see her own attorney, who can evaluate her competency and prepare documents to reflect her intent. This will protect YOU, down the road, if the children decide to contest the changes.

    James Frederick

    *** LEGAL DISCLAIMER I am licensed to practice law in the State of Michigan and have offices in Wayne and Ingham Counties. My practice is focused in the areas of estate planning and probate administration. I am ethically required to state that the above answer does not create an attorney/client relationship. These responses should be considered general legal education and are intended to provide general information about the question asked. Frequently, the question does not include important facts that, if known, could significantly change the answer. Information provided on this site should not be used as a substitute for competent legal advice from a licensed attorney that practices in your state. The law changes frequently and varies from state to state. If I refer to your state's laws, you should not rely on what I say; I just did a quick Internet search and found something that looked relevant that I hoped you would find helpful. You should verify and confirm any information provided with an attorney licensed in your state.

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