Old trust for old house. New house new grant deed. Does old trust outpower new deed?
She lives in the house with us and we do everything for her. What is your advice what should we do.
7 attorney answers
As many of the others on here have advised, there are too many issues you raised that provide a level of confusion or uncertainty to the situation for us to be able to get a clear picture of the situation.
Issues that need to be clarified are the following: Review of Deed/Chain of title, evaluation of the mental state of grandma now and when the second house was purchased, grandma's intended disposition of her estate (not your or her son's wishes), review of the terms of the "old" trust.
Without actually reviewing the deed, it seems that the joint tenancy would control the transfer of the property following her death unless she otherwise severs the joint tenancy. However, as others have mentioned there are always potential challenges on a basis of undue influence or financial elder abuse.
It'd be advisable to consult with an attorney. In all likelihood, it's a good idea to actually have two separate attorneys (one for you and a separate one for your grandma).
Your situation has too many uncertainties and requires an in-depth legal review. I suggest hiring an experienced estate planning attorney now to minimize the legal risks which are very likely in your case.
This question actually has many moving parts. Taking legal advice from a realtor is unwise. This is fact dependent. You all need to spend the money (now) because the savings later will be more than just financial. Hire an estate planner. With a law degree.
This is general advice. You are anonymous. If you PM me I won’t know what it’s about.
My colleagues have given you good advice with which I concur. If you want more opinions use the AVVO feature “Find a Lawyer”. Make a list of 4-5 having many 5 star reviews from satisfied clients. If you don't get a prompt call back from one, go on to the next on your list. Some offer a free consultation by phone or in person.
That said, you don't need a new trust because you have acquired a new property. The prior trust will usually suffice.
If my answer is "BEST ANSWER" and/or "HELPFUL" please acknowledge and mark it so. I appreciate your comments and feedback. I have been practicing law since 1976 serving thousands of clients with successful legal experience with cases like yours. My response is often general in nature because all facts are unknown to me. Specific answers require knowledge of all the relevant facts of your case. Follow up questions are invited. You are not my client and I am not your attorney. This advice is given in the spirit of the AVVO platform and is based on general legal principles. You become a client when you enter into a formal retainer agreement with me.
Grandma needs to make these choices, not you or her son. The fact that you are on the house as a joint tenant is concerning because when she passes the house automatically goes to you. Her son will likely sue you for undue influence or possible lack of capacity depending on grandma's mental capacity and understanding of what happened when this house was purchased.
The trust does not govern property held in joint tenancy. Most power of attorneys do not give the agent the power to amend a trust agreement. Most likely, it gives him the ability to terminate the joint tenancy, in which event the house will be held as tenants in common. You don’t give all of the important facts. Who is the trustee and successor trustee under her Trust. A solution is to amend her trust in order to protect your interests. Hope she still has capacity. You definitely need to retain an estate planning attorney to advise and assist you.
Too much ambiguity in question to meaningfully advise what to do.
I need much more case specific information, title review, facts need to sort this out.
-chain of title;
-research reimbursement claims
If my answer is "BEST ANSWER" and/or "HELPFUL" please acknowledge and mark it so. I appreciate your comments and feedback. I have more than 25 years of successful legal experience with cases like yours. My response is often general in nature because all facts are unknown to me. Specific answers require knowledge of all the relevant facts of your case.
Top Contributor 2021
Top Contributor 2020
Top Contributor 2019
Top Contributor 2018
Top Contributor 2017
Top Contributor 2016
Top Contributor 2015
Top Contributor 2014