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I cared for my aged and infirm parents for years and now the trust will put me out of the home after two years that is if the es

Saint Louis, MO |

I live on disability and I have cared for both parents who are now deceased. In the trust two years paid for me to live in the home. How can I remain in the home. I am also a veteran and am 65 years old. I have 5 living siblings who before this claimed they didn't want anything from the parents' estate. I don't want any money just want to stay in the home and will pay all my own expenses.

Attorney Answers 2

Posted

If I understand your question correctly, you are the present beneficiary under the terms of a Trust created by your parents. By that Trust's terms, your interest (the right to live in the home) is going to expire and you want to know how to keep it from expiring.

One of the first things that you need to realize is that your parents' intent here still plays something of a role. It's their Trust, their terms, and is designed to represent what they wanted. Courts throughout our country routinely defer to and enforce these intentions and wishes, even if the beneficiaries might hold different intentions and wishes.

That said, the modification and even termination of trusts is not impossible, and can even be quite easy in some cases. You don't mention it, but very particular attention should be paid to the terms of the Trust that discuss what happens when your 2 years are up. Who is entitled to the property? These beneficiaries of the future are your chief concern. They might consent to changing the Trust to provide you with more time, or they might consent to terminating the Trust and give or sell you their interest in the home. Or, they might surprise you and tell you that you're out.

In any event, do yourself a favor and get a copy of the Trust instrument in front of an experienced probate attorney. That attorney can guide you through the possible outcomes and try to navigate you through whatever options you've got available. Best of luck.

This answer does not constitute legal advice. I am admitted to practice law in the State of Texas only, and make no attempt to opine on matters of law that are not relevant to Texas. This answer is based on general principles of law that may or may not relate to your specific situation, and is for promotional purposes only. You should never rely on this answer alone and nothing in these communications creates an attorney-client relationship.

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Posted

the BEST advice I have received so far!

Posted

Retain counsel to negotiate on your behalf with the Trustee.

Legal disclaimer: This answer does not constitute legal advice. I am admitted to practice law in the State of Missouri only, and make no attempt to opine on matters of law that are not relevant to Missouri. This answer is based on general principles of law that may or may not relate to your specific situation, and is for promotional purposes only. You should never rely on this answer alone and nothing in these communications creates an attorney-client relationship. less

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