My mom now has a irrevocable trust with myself and 2 brothers as trustees, it has been signed and notarized, is it valid/legal ?
Thanks so much
3 attorney answers
I share Messrs Frederick and Powe's thoughts.
Irrevocable trusts are rare. Irrevocable trusts are not.
Trustees only administer assets that have been transferred into the trust.
Any estate planning lawyer can review the trust and related documents in order to answer your questions.
I am licensed to practice law in Michigan and Virginia and regularly handle cases of this sort. My answering your question does not establish an attorney-client relationship. You should consult a lawyer so you can tell the lawyer the entire situation and get legal advice that is precisely tailored to your case.
I agree, entirely. None of this fits with the facts you set forth. Please take it all to an estate planning attorney you pay for competent legal advice..... or better yet, travel to Mr. Frederick's office and rest assured it will be done correctly!!!!!!! :)
This sounds strange to me. An Irrevocable Trust is a relatively rare estate planning tool and most estate planning attorneys almost never use them. That said, assuming that is what WAS set up, any trust only controls assets that are titled in the name of the trust. So if the asset in question is not, then it sounds like it would be a transaction with your mom. Since this was set up by an attorney, that person is best suited to answer your questions, because he/she knows all of the facts of your situation.
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