Living Trusts help please

[Lobo11]

What is the name of your state (only U.S. law)? Florida

I guess I'll start at begining, My Mother passed away in August 2006. She left house and the property it sits
on to me and my older brother 50/50. He cleaned out her bank account, took all her files, some which were
mine, I am a 100% totally disabled veteran. I payed for all of mothers funeral expenses myself, payed all the
probate costs to have house put in my and brothers name. I am single, live in house by myself, pay and have
payed all property taxes on estate (Small house) and pay all homeowners insurance since Aug 2006. I have
not seen or heard from my so called brother since Aug 2006. I want to leave house/property and all my
personal belonings to a friend who lives next door to me and helps me alot. I do not want my brother to profit
any more than he already has when I pass, I am 55 and hope I will be around for awhile more, But I guess
I want the peace of mind of knowing I have done this.
Do I need a local lawyer to do this as I want it right.
I would prefer to not have to probate a will, will a living trust do what I want.
What happens to property when I pass.
A general cost estimate if possible

 

[TrustUser]

a living trust will avoid probate.

in order for a trust to own an asset, said asset needs to be retitled into the trust. the mere creation of the trust document does nothing until there are assets in it.

for you to place real estate into this trust, you must first own the real estate. if you dont know how it is currently titled, that would be the first thing to check on.

most other assets can be placed into the trust by the company who holds the asset (i.e. bank, brokerage company, etc.)

you need to shop around, regarding costs. but cost isnt the only thing to look at - you need to see what sorts of things the trust can do.

if you plan to keep your assets in trust after you pass, then you need a much more complete trust document.

but you can choose any beneficiaries (people who get your stuff after you die) you want.

hope this gets you off to a start.

 

[garrula lingua]

For the most part, trusts are rip-offs.
The average person doesn't need a trust unless there are special circumstances (minors, incapacitated persons, very high-dollar estates, etc)

Most trusts are worth the cost of the leather folders they are enclosed within - and that's it.
Some people are moving houses into trusts, and if it's a poorly worded trust, homestead exemptions arebeing lost.
Probate can be a fairly inexpensive process; if the will was drafted and executed properly, it's just paper-shuffling.

A great # of trusts are never funded - it's too cumbersome to put all assets into another title and a pain when you want to move or sell anything.

OP, see a local attorney for 1. a will 2. a Financial Power of attorney 3. A medical Power of Attorney 4. An Advance Directive (also called a Living Will) and 5. burial instructions, also 6. A medical release form for your representative (HIPPA form).

Those documents will benefit you more than a worthless trust.
Call your local (County) Bar Association and ask for a low-cost referral to an attorney.

 

[TrustUser]

spoken like an attorney who does wills - LOL.

 

[Lobo11]

Could I do the above wiith a Will

 

[anteater]

Yes, you can do it with a will.

But if you only own 1/2 of the house, then you can only dispose of your share. That is, if it is not titled with right of survivorship in which case it would pass to your brother no matter what your will or living trust states.

Check your deed.

 

[Lobo11]

How would I know if it is titled with right of survivorship (Yes I'm dum when it comes to this stuff).

 

[TrustUser]

you need to check your deed to see how it is titled.

do you have someone you know who is a little bit more knowledgeable ?

 

[Lobo11]

I don't have a deed, just my mother's will, I payed to have it probated years ago but I don't see the word survivorship in it. See it says my older brother was supposed to set up a special needs trust for me, when he let and it became apparent that he did not even care about burrying mother much less special needs trust, I got lawyer for SA, probate. Thats the last I've done. How do I get deed, no one to help, live alone, had brain operation is why I don't know more, but thank you very much for helping me.

 

[garrula lingua]

spoken like an attorney who does wills - LOL.

Yes. Spoken like an attorney who has done many, many pro bono 'Wills,etc" packets and cleaned up after bogus, unfunded, screwed-up, rip-off trusts.

OP, the Powers of Attorney are as important as a will - they will ensure your needs are taken care of during your lifetime; the will just gives away your property after death. Look at all 6 forms. Your state may have free statutory forms.

There ARE circumstances where trusts fulfill a need. An attorney can also be creative and draft trusts to meet specific client's situations (only release $20,000 a year to my son until he turns 40 yrs old, etc.); they usually require a paid trustee with resultant money drain.
They just aren't necessary in 95% of the circumstances where a poor soul was sold a crap, boiler-plate, set of documents in a leather folder.

The purchasers don't even understand how to fund the trust, or how it operates - they weren't even schooled properly about the operation and termination of a trust.

 

[Lobo11]

Trust was never set up, how do I get deed, who's name is house in, how do I find out, thanks

 

[garrula lingua]

I don't have a deed, just my mother's will, I payed to have it probated years ago but I don't see the word survivorship in it. See it says my older brother was supposed to set up a special needs trust for me, when he let and it became apparent that he did not even care about burrying mother much less special needs trust, I got lawyer for SA, probate. Thats the last I've done. How do I get deed, no one to help, live alone, had brain operation is why I don't know more, but thank you very much for helping me.

OP, check on Legal Aid in your area. Call your local County Bar Association and ask them for info regarding legal aid (they usually require malpractice insurance and will vet the attys to some extent).
If there's a law school in your area, they usually have a clinic run by enthusiastic students, with excellent supervision - please check.

Sometimes, your local County Law Librarian can point you in the right direction.
Check out your local senior center and ask people there about legal aid or a local, honorable lawyer who will charge a discounted fee.

You really need an attorney to review your situation.
The atty will have to get a copy of the house deed from the county, and also review the probate case to check on distribution & ensure there isn't a special needs trust sitting out there.
Lobo, you just have to locate a reasonably-priced, honest attorney who will review your situation and complete the paperwork you need.

Legal aid in No Fla. appears to be:
http://www.lsnf.org/

Lobo, they appear to do free wills and free powers of attorney. Ask them to explain a springing power of attorney versus a durable power regarding finances.
Maybe they can do that for you, then refer you to a low-cost attorney to check on the other potential issues.

 

[TrustUser]

a will involves probate, where lawyers get paid. a trust does not. i wonder why a lawyer doesnt like trusts ? LOL.

 

[Lobo11]

Should I call probate Clerk to see whos name house is in and how?. I just asumed after I payed for probate it would be in my name and my brother's. My property taxes came in my and my brother's name. What if it is in my brothers name and the trust for me, which was never set up by my brother who was supposed to be trustee, but he never did anything but steal. He also was convicted of battery on a law enforcement officer before Mom's will was made, but he said it would not show up on his records if he completed probation, which he did. Can I have him removed from will for stealing and doing nothing for me, Mother's whole will was abbout me and my brother setting up special needs trust which he never did.

 

[TrustUser]

in california, all real estate recordings are done at the county level.

i think this is true for all or most all states. i have had to check a few others from a personal standpoint.

those records will show who is currently on title.

once you know how it is currently titled, you can begin to look into what you can do about it.