Will/Trust Question for Attorneys

[Luv Bunnies]

We're going to run this by an attorney, but I thought I would get some preliminary opinions. Here's the short version:

Couple was married for over 40 years. She was older and had adult kids from a previous marriage. It was his first marriage. The couple never had kids together. They lived in a house owned by his mother.

When his mother passed away, she left the house plus several rental properties to him in a trust. He transferred all of the properties into his name without adding his wife to any of the deeds. The idea was that all this property was purchased by his parents and he wanted it to stay in his family. The wife passed away 16 years ago. The husband passed away last week. His trust names his sister as the trustee to his house and all of the rental properties.

Now the wife's daughters (his step-daughter) wants to see a copy of the trust. She's claiming that she should get some of the properties because they also belonged to her mother. This is a community property state. The wife did not have a will since she really didn't have any assets (besides personal belongings). All property the husband inherited was not co-mingled with her. The step-daughter has been offered all of her mother's belongings that are left in the house. Otherwise, all real estate stays in the family that originally purchased it.

The question is, does the step-daughter have any legal claim to any of her step-father's assets?

 

[kaytieeldr]

Opinion: what, is she nuts???

Fact: don't rely on any response online. Best option is to consult the law firm that created the trust.

Sincerely,
No, but I did stay at a Holiday Inn Express once...

 

[starry_solo]

Unlikely....but get an attorney.

It could be possible that some assets were co-mingled (community property assets used to pay upkeep/maintenance, that sort of thing)...but unlikely. Even if they were, that doesn't mean that separate property was transmuted into community property.

 

[Luv Bunnies]

Opinion: what, is she nuts???

Fact: don't rely on any response online. Best option is to consult the law firm that created the trust.

Sincerely,
No, but I did stay at a Holiday Inn Express once...

Fact: Yes, she is nuts. She didn’t say a word about anything after her mother passed away. She didn’t even come to get her mother’s belongings (including her ashes) even though they were offered to her many times over 16 years. Now that her step-father is gone, she thinks she’s going to swoop in and claim her mother’s “legacy.”

We are definitely going to consult an attorney (thus is about my uncle and my mom inheriting his property). We’re going to at least wait until after the funeral, although the nutty woman doesn’t seem to share that level of respect!

 

[Floridaman999]

Death and inheritance seems to bring out the worst in people.

 

[MrsJackSparrow4Life]

Not an attorney so it is good you are consulting with one but I would think even if her mother had a claim to the property it would have been negated at her death. Since she had no will, all her assets would have gone to her next of kin aka her husband. So unless he left anything to this woman specifically I don’t think she has a leg to stand on.

 

[MrsPete]

Also not an attorney, but it seems to me that the husband spelled out what he wanted to happen to the property -- he wanted it to go to his sister. I don't think the stepdaughter has a leg to stand upon.

 

[dish rag]

Prople are so greedy. She should be embarrassed.

 

[FairestOfThemAll37]

Contact a lawyer for sure.

Even if the assets were co-mingled when the mom passed without a will then anything she would have been able to pass on would likely have gone to the husband.

She can contest the will, but I imagine that would be hard given there was a trust in place. The mom must have agreed with step-dad because she should have had a will in place to name her daughter after the husband passed, especially as it sounds like the step-dad was never the guardian of the daughter.

 

[Dan Murphy]

trust names his sister as the trustee to his house and all of the rental properties.

Sister is only the trustee? Who is the beneficiary of the trust?

And yes, contact lawyer who drafted the legal documents.

(not to be taken as legal advice)

 

[Luv Bunnies]

Sister is only the trustee? Who is the beneficiary of the trust?

And yes, contact lawyer who drafted the legal documents.

(not to be taken as legal advice)

The sister is the trustee and sole beneficiary.

 

[tvguy]

The sister is the trustee and sole beneficiary.

Worth the money to talk to an attorney, however I'm not sure a reputable attorney would even charge because if the sister is the trustee and sole beneficiary, then she is the trustee and sole beneficiary.

 

[storzo]

It varies from state to state I'm sure but here in Jersey, as far as I know from a friend's experience years ago, inheritances are not considered marital property unless comingled. So she would have no claim.

 

[Darcy03231]

Laws vary greatly from state to state on inheritance laws so what might be legal in one state might not be in another. Best thing to do is to contact an attorney who specializes in wills/trusts in the state where the step-father died.

 

[SG131]

You may get more legal advise if you try to post this on reddit since the question depends so much on location.

 

[_19disnA]

I wouldn't put too much weight on random legal advice you get online regardless of which site it is. Everyone online has opinions on all sorts of topics, even if they have no idea what they are talking about. Part of the reason it is good to have a will so it avoids confusion after the fact on what was intended by the now deceased party. Also am not a lawyer, but consulting with a local lawyer who knows the state laws and can review that trust document is where I would start.

 

[kimblebee]

Death and inheritance seems to bring out the worst in people.

Amen to that. I have a story that would curl your hair but it’s too long to type out.

 

[tex1989]

EDIT to add.

Reread the original post again and she has no chance. Her claim would have to have been when her mother died. Technically with no will everything she owned at death went to the husband. At his death his will specified where everything went and if she got nothing then it's over.



Every situation is different and every state has quirks in their laws and interpretations. That said in Texas where I live, I have had two friends who have gone through divorces. In each instance the were married later in life (mid 30's) and were both succesfull in their careers. In other words they had money. Texas is a community property state, but in both instances they were able to show the value of the assets they brought to the marriage and take those assets away with them. Only assets aquired during the marraige were subject to the community property laws. In one case they bought a house after they married and in the course of the marriage one friend paid off the mortgage with assets he brought into the relationship. As a result he had to split the house value with his ex, but was very upset because had he not paid it off he could have taken the value with him. In the case of my other friend they built a new home worth $800k and paid for it with essentially money he brought to the party so he is in the same boat and has to give his ex half the house.

So again at least in Texas the cases I am aware of (all two of them) the key seems to have been, 1)what did you have before the wedding?, and 2) what form is it in when you divorce (or potentially in this case, die). Since the trust predated the marriage and with the exception of folks passing away exists in the same form (basically) today then it would seem she would have no rights to any portion of the trust.

Again not an apple to apple comparison but logically it seems to fit.

 

[Luv Bunnies]

It varies from state to state I'm sure but here in Jersey, as far as I know from a friend's experience years ago, inheritances are not considered marital property unless comingled. So she would have no claim.

We're in California and I think the law is the same. When my DH's mom passed away, the attorney told DH and his brother that they could keep the inheritance proceeds in their own names or co-mingle it with their wives. They both chose to co-mingle. My uncle chose not to do that with his wife.

Yes, we are going to consult the attorney who wrote up the trust. If the step-daughter shows up at the funeral and makes demands (which she claims she is going to do), my sister and I will politely advise her to contact us through her attorney. She will not be allowed to make a scene with our mom who just lost her brother. I've never met this woman, but she seems like a real piece of work!

Thanks to everyone who responded!

 

[longboard55]

Our lawyer made it pretty clear you can give to whoever you want to give in a trust, There are no rules