mtnhiker70
Junior Member
What is the name of your state (only U.S. law)? RI
Hi. I am wondering if it was legal for one of my parents to remove my name from a life estate on the family home. I refused to sign off on the quick-claim deed. My parents owned 2 properties, one jointly, and one solely by my dad. The one was owned solely by my dad was in a trust. Since he inherited it, in RI it legally does not belong to my mom at all. Before my father became the ward of a guardianship he changed the trust, naming both my sibling and I as trustees. My mother likewise did put both our names on a life estate of her house, which was owned by both my parents.
I moved into the trust house 5 years before my dad died. He also out-lived my mom, recently having passed away. He was the ward of a guardianship before we moved into the house. I was not comfortable moving into a house owned jointly by my sibling, because we had not spoken in years. The sibling has isolated themselves and seems to have emotional issues. My mother set herself up as my father's 'substitute' trustee; removing my siblings name from my dads trust, and removing my name from the family home's life estate (which was 2 parcels of land and had 2 houses on it). I refused to sign the quick-claim deed because the life estate property was much more valuable. I wanted to be compensated for the higher value of that property; or alternatively I asked that the land be sub-divided so that I could inherit a buildable parcel, while my sister got another parcel with the house on it. My mom said no, and removed my name without my signing. She did real estate transactions in my dad's name while he was a ward of a guardianship. He had alzheimers.
Can a person legally change their trust after they are a ward? Can their spouse set themselves up as the 'substitute' trustee and change the life estate and trust for their spouse? This is what was done after I refused to sign off on the quick-claim deed.
I wound up spending a significant amount of $$ renovating the trust house as the years dragged on. As trustee, I should have been reimbursed from my dad's assets for such, but my mother keep control of his $$ through a guardianship. My father's will also states that the trustee is entitled to all his cash assets, real property, and businesses. My sister has accounted for all his $$ using the guardianship. Since my dad's name was on my mother's house, does that mean that I'm entitled to 1/2 of that as well? He outlived my mom, so he was the sole owner at the end. That house is in a life estate, naming my sibling solely.
The whole situation is a mess, particularly because my sibling is hostile. Sibling is accounting for about $25k in spending for funeral costs, and utilities, and taxes on my parents property. I haven't even been reimbursed for funeral or attorney fees, or any of the $ I have spend on my dad's trust house. Is this legal?
It's also worth noting that my parents were estranged for 20 years BEFORE all this estate changing/planning which occurred a the year before my dad was made a ward. Do I have the legal right to ownership of my mom's house? Should I get an attorney before heading into probate court again?
TIA
Hi. I am wondering if it was legal for one of my parents to remove my name from a life estate on the family home. I refused to sign off on the quick-claim deed. My parents owned 2 properties, one jointly, and one solely by my dad. The one was owned solely by my dad was in a trust. Since he inherited it, in RI it legally does not belong to my mom at all. Before my father became the ward of a guardianship he changed the trust, naming both my sibling and I as trustees. My mother likewise did put both our names on a life estate of her house, which was owned by both my parents.
I moved into the trust house 5 years before my dad died. He also out-lived my mom, recently having passed away. He was the ward of a guardianship before we moved into the house. I was not comfortable moving into a house owned jointly by my sibling, because we had not spoken in years. The sibling has isolated themselves and seems to have emotional issues. My mother set herself up as my father's 'substitute' trustee; removing my siblings name from my dads trust, and removing my name from the family home's life estate (which was 2 parcels of land and had 2 houses on it). I refused to sign the quick-claim deed because the life estate property was much more valuable. I wanted to be compensated for the higher value of that property; or alternatively I asked that the land be sub-divided so that I could inherit a buildable parcel, while my sister got another parcel with the house on it. My mom said no, and removed my name without my signing. She did real estate transactions in my dad's name while he was a ward of a guardianship. He had alzheimers.
Can a person legally change their trust after they are a ward? Can their spouse set themselves up as the 'substitute' trustee and change the life estate and trust for their spouse? This is what was done after I refused to sign off on the quick-claim deed.
I wound up spending a significant amount of $$ renovating the trust house as the years dragged on. As trustee, I should have been reimbursed from my dad's assets for such, but my mother keep control of his $$ through a guardianship. My father's will also states that the trustee is entitled to all his cash assets, real property, and businesses. My sister has accounted for all his $$ using the guardianship. Since my dad's name was on my mother's house, does that mean that I'm entitled to 1/2 of that as well? He outlived my mom, so he was the sole owner at the end. That house is in a life estate, naming my sibling solely.
The whole situation is a mess, particularly because my sibling is hostile. Sibling is accounting for about $25k in spending for funeral costs, and utilities, and taxes on my parents property. I haven't even been reimbursed for funeral or attorney fees, or any of the $ I have spend on my dad's trust house. Is this legal?
It's also worth noting that my parents were estranged for 20 years BEFORE all this estate changing/planning which occurred a the year before my dad was made a ward. Do I have the legal right to ownership of my mom's house? Should I get an attorney before heading into probate court again?
TIA
