Living Trust Nightmare

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What is the name of your state? Florida

My mother removed my sister and brother-in-law as trustees from her Living Trust due to numerous problems she was having with them taking liberties and conflicting with her wishes, leaving me as the sole trustee. However, during her life she remained the trustee until her passing. During that time she Quit Claimed some property to my son and I, and it has become a bone of contention. We are being sued by my sister and brother-in-law. They are trying to have me removed as trustee saying my mother was incompetent, something they only now mention after her death. I have invested all of my inheritance in the property to keep it viable since the 3 hurricanes hit the Central Florida area and now need to sell the property to alleviate financial crisis. Lis Pendens has been placed on both properties and I am unable to sell mine to settle multiple foreclosures and financial crisis. They know of the necessity to sell the property and are trying to extort the property from us saying the only way they will settle the lawsuit is for my son and I to each Quit Claim all of our interest in the 2 properties we were given, which seems a lot like extortion.
Also, my mother was made legal guardian of my son so he could attend high school in her area and he still lives in that same home (that they shared and she quit claimed to him). Could my mother taking legal guardianship over my son also include him as a beneficiary in her Living Trust if it took place after the Trust was drafted, or does the Trust have to be ammended for him to become a beneficiary? My sisters lawyer says that the Quit Claim deeds are invalid to deed the property out of the trust because she only signed them as herself individually and not also as trustee of her own trust. Help!

Also, my sister refused to meet with me after my mother's passing to accept her disbursement and got a lawyer after standing me up several times to meet for disbursement. Doesn't she have a responsibility to meet with me before getting legal?

 

[Ozark_Sophist]

Were the properties deeded as the Living Trust as owner? If they were, your mother needed to sign as trustee. But if the property was never transferred to the trust and were in your mom's name only, then the quit claim deeds work.

Do you have a local attorney representing you for the lawsuit? If not, you are going to need one.

 

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Thank you for your input.

Yes, she did deed them into the Trust. I'm not in a position to afford a lawyer and the situation isn't good as this lawsuit has drug on for almost 4 years and it's killing me financially and mentally.

I was hoping that there might be some consideration of the fact that she took action to Quit Claim the properties, so it was clearly her intention, since it was apparently not done correctly from a legal perspective.

Can a trustee do a corrective deed?

Do you know if the act of becoming the legal guardian for my son (so he could attend high school in her area) might give him some rights as a beneficiary, thus help him hold on to his property that was not properly Quit Claimed? He has lived there for about 5 years and has filed his homestead for the last 2 years...

 

[Ozark_Sophist]

I answered from personal experience. I found a legal description error in my property 6 years after I bought the property from a living trust. Had to locate a trustee to file an amended deed. Hopefully other posters will help with your situation.

If it was just a matter of clearing up the deed, as the only trustee of the Living Trust it seems to me you could QCD the properties, but as there is litigation, you might make a bad situation worse. That's why I suggested an attorney. Good luck!

 

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Thank you for taking the time to reply.

 

[HandyAndyGuy]

It sounds so complicated and nasty because of the relatives. I suggest a lawyer because it sounds so involved. Good luck.