If so what questions should I be asking and what additional documentation do I need
Divorce / Separation Lawyer
The only problem I can see is that historically time shares are like boats, you enjoy them most on two days the day you buy and the day you sell, absent that, the time share woudl be a marital asset regardless of how it is held if you bought it during your marriage and the loving trust benefits you and your spouse. Take care.
Legal disclaimer: The response given is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change. Attorney is licensed to practice law only in the State of Massachusetts. Responses are based solely on Massachusetts law unless stated otherwise.
Estate Planning Attorney
Should include the date of the trust.
Beware-timeshares are very difficult to sell
or give away.
The answer given does not imply that an attorney-client relationship has been established and your best course of action is to have legal representation in this matter.
Make sure that you see a copy of the underlying Trust Agreement. Specifically, you are going to want to make sure that the people selling you the time share are, in fact, the Trustees, and that the Trust Agreement allows them to sell the trust assets. You will also want an affidavit from the sellers stating that the trust has not been revoked. Most "family loving trusts" are revocable and it's impossible to know just from the deed whether the underlying trust has been revoked.
This information is presented as a public service. It should not be construed to be formal legal advice nor considered to be the formation of a lawyer/client relationship.