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Irrevocable Trst. help!

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tiffanyrose14

Junior Member
What is the name of your state (only U.S. law)? CA
My father in law had an irrevocable trust here in CA. He then went to Mexico to visit family and past away out there. He had ownership to properties in his trust but deeded one away to a son and while in Mexico deeded the other to another son. 2 of his 3 kids went to Mexico and disbursed some of his belongings. He was a quadraplegic and had a custom van, hospital bed, $25K wheel chair, lift, etc. He also owns land out there. When the 2 kids returned from Mexico they brought back only what they wanted. Is the trust no longer valid if properties got transfered? And should have the 2 sibilings consented with the 3 sibiling before dividing any belongings? I know that he had a few insurance policies as well but the 2 siblings deny him having any. Please advise...
 


Kiawah

Senior Member
Something does not appear quite right with the info you provided.

If the assets he gave away weren't titled into the trust, then they wouldn't be controlled by the language of the trust document (because they don't belong to the trust). Since he owned the asset, he could give it away.

If his trust was 'revocable', and the assets were titled into a revocable trust, then he can move the assets out of the trust and give them to someone if he wishes. That's the typical language in a revocable trust.

If his trust was 'irrevocable' as you indicate, and the assets were titled into that irrevocable trust, then he has already given the assets away, and no longer has control over them. He gave the assets to the trust. It is now the trustee, who has the authority to execute what is written in the trust document, regarding what should happen with the assets.

You would need to have a lawyer review the trust documents. I'm suspecting that the trust was actually a more common revocable one, as opposed to an irrevocable one as you indicate...OR...the assets in question were not actually titled into the irrevocable trust.
 
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