Nys Trust question

[Stayraising]

Im the sole trustee and sole beneficiary of my grandparents irrevocable trust. My grandfather died a year ago and since then I moved into the home to help out. But grandma got hard to handle and she attacked my wife in front of our 8month son. We called cops and decide 2 move out. Since she has cut off contact from us and continues to threaten to break the trust. Can she do that? Do i have say? They wanted me to have the house my Financial situation is not great and they look out for me but since this she has made me very uneasy that it could be taken from my family? Thank u for any help my grandparents raised me from a baby so to me they were like mom and dad but now I fear grandma breaking this trust and my son will not have the home that we were promised. I've tried everything to help my grandmother since we moved out she is all alone i wish I could help but she won't have it. Right now my main concern is can she legally do this since I'm the sole ben?

 

[xylene]

You need to get a lawyer involved.

Also given this sudden decline of rational behavior it is possible she is no longer competent and could need your help.

 

[Stayraising]

You need to get a lawyer involved.

Also given this sudden decline of rational behavior it is possible she is no longer competent and could need your help.

She does need help but she won't except it wants to be independent I guess when we moved in it made her feel not important anymore that's why she attacked my wife she still gets around she is 79 and Drs say she is in sound mind. Unfortunately I'm not in the best financial situation I have a 1 year old and a bad neck so only my wife is working now. Any idea how much an attorney for something like this would cost?

 

[xylene]

How much is protecting your right under the trust worth? The property you are counting on. Look at it that way.

When did a doctor say she was competent? Before this blow up? Those are serious questions. That sitation can change quick. People flipping out is not normal

 

[LdiJ]

How much is protecting your right under the trust worth? The property you are counting on. Look at it that way.

When did a doctor say she was competent? Before this blow up? Those are serious questions. That sitation can change quick. People flipping out is not normal

Whether or not someone flipping out is normal really depends on just what happened. Unfortunately, sometimes when younger family members move in to help, they fail to recognize the valid rights of the property owner. Apparently this women still gets around and is of sound mind according to her doctor, therefore she might have had a valid reason for losing her temper. Or, at least a reason that was valid to her.

The OP called the police and the police did not arrest anyone and the OP ended up moving out of the home.

OP, if its truly an irrevocable trust then no, she cannot break it. However, I suspect that you do not have any rights yet as far as being the trustee or beneficiary while she is still living. Its highly unlikely that a trust would have been set up that gave you any kind of rights while either of your grandparents were still living.

 

[xylene]

The OP called the police and the police did not arrest anyone and the OP ended up moving out of the home.

That establishes nothing and the the police are NOT Judge Dredd style empowered to make civil rulings.

Please. Elder situations are complex and rapidly emergent.

 

[LdiJ]

That establishes nothing and the the police are NOT Judge Dredd style empowered to make civil rulings.

Please. Elder situations are complex and rapidly emergent.

Huh? Her doctor says she is of sound mind and the OP admits that she can still get around. I agree that elder situations can be complex but its not often that they are rapidly emergent.

What the police WILL do if called and someone is a threat to themselves or others due to potential mental issues is take them to the hospital for a 72 hour hold. That did NOT happen here.

The point I am trying to make is that its not necessarily the 79 year old who is the bad guy here. The OP certainly seems to think that he has rights that he may not have at all.

 

[xylene]

The point I am trying to make is that its not necessarily the 79 year old who is the bad guy here. The OP certainly seems to think that he has rights that he may not have at all.

The right not to be assaulted in their home?
I'm sorry this family was basically summarily evicted by an elder family member (who has trouble caring for themselves) and did so for cryptic reasons of 'feeling important.' Yeah, following a domestic violence incident. That's mental.

The OP has not come back to answer when this evaluation of her competency happened.
Before or after this incident makes a big difference.

 

[Stayraising]

She was evaluated after the incident occurred the police were concerned because there was a small child involved so they called a crisis hotline and someone came out to the house and evaluated her at that time they said she's of sound mind but should follow up with the doctor of course she never did because she thinks there's nothing wrong with her.
So we thought it was best to just move out and let her be on her own but since then she has not wanted anything to do with myself my son and my wife. Instead because we called the police she says in order to retaliate against me she is going to have the trust broken but it is my understanding that irrevocable trust cannot be broken in New York state unless the beneficiary agrees to it?? I see no reason to agree to that as they did raise me and my grandfather was my father and my eyes and he wanted nothing more then for me and my family to have the house later on in life and I want to respect his wishes I don't understand why she no longer wants to respect his wishes. I know right now I have no other rights to the home nor do I want any I just want to know that one day when she is gone hopefully a long time from now that my family and I can have the home that I was brought up in so I can profill my dad's wishes.

 

[HRZ]

You each have such rights as the trust sets forth ..read it word,for word ...PLUS you may have a pile of rights as a tenant in that home IF you are a tenant .

 

[Stayraising]

Thank you all sry I know it's been a few weeks..
So now I've been told that the grantor has changed her will and it states that she is leaving the home to someone else. I'm still the trustee and sole beneficiary of the iervicable trust that has not been changed. I was told that a trust will override a will? I don't have $ to get a lawyer should I be worried that the asset is now lost or will I need to fight for it ? When the time comes? I still do everything needed to care for the home as trustee. I wish I could afford a lawyer but right now it's not possible. Thank u for any help.

 

[HRZ]

A lot depends on if the house is in her name or in the trust...if its in her name and she has even 1/2 her marbles she can leave the house to the lawn boy ...if its in the trust..the trust governs ....highly likely that the way deed is recorded, its a public record look it up, is what counts .

AS trustee you may well have right to spend trust funds to,sort out details of your role as trustee. You may be unwise to spend your time and money to protect an asset SHE owns.

Dads wishes don't count...what Dad wrote in the trust counts !

IF she is not a danger to herself she is entitled to live the way she wants ...wo help ...is a tough call but apparently she is able to live alone .

 

[Stayraising]

A lot depends on if the house is in her name or in the trust...if its in her name and she has even 1/2 her marbles she can leave the house to the lawn boy ...if its in the trust..the trust governs ....highly likely that the way deed is recorded, its a public record look it up, is what counts .

AS trustee you may well have right to spend trust funds to,sort out details of your role as trustee. You may be unwise to spend your time and money to protect an asset SHE owns.

Dads wishes don't count...what Dad wrote in the trust counts !

IF she is not a danger to herself she is entitled to live the way she wants ...wo help ...is a tough call but apparently she is able to live alone .

The house is not in her name it's in the trust she no longer owns the house as I was told By the lawyer at the time we signed the documents I was told that the home is now in trust and I am the trusty everything comes addressed to me the taxes anything related to the home has my name on it. I have no problem with her living on her own I still take care of the house any maintenance and whatever else the trustee needs to do I do but she went and made a new will leaving the home to a cousin who never been around in years.

 

[Taxing Matters]

The house is not in her name it's in the trust she no longer owns the house as I was told By the lawyer at the time we signed the documents I was told that the home is now in trust and I am the trusty everything comes addressed to me the taxes anything related to the home has my name on it. I have no problem with her living on her own I still take care of the house any maintenance and whatever else the trustee needs to do I do but she went and made a new will leaving the home to a cousin who never been around in years.

Her will disposes of only those assets that SHE owns at the time of her death. Assets owned by the trust cannot be affected by her will. However, if the trust is revocable she could revoke the trust which would return the house to her, and then should she die owning the house the will would then determine who gets it.

 

[not2cleverRed]

Thank you all sry I know it's been a few weeks..
So now I've been told that the grantor has changed her will and it states that she is leaving the home to someone else. I'm still the trustee and sole beneficiary of the iervicable trust that has not been changed. I was told that a trust will override a will? I don't have $ to get a lawyer should I be worried that the asset is now lost or will I need to fight for it ? When the time comes? I still do everything needed to care for the home as trustee. I wish I could afford a lawyer but right now it's not possible. Thank u for any help.

Property in the trust are handled according to the terms of the trust.

Only property not in the trust can be affected by a will. That, however, does not mean that she might have gone to a lawyer who is unaware of the irrevocable trust and had the lawyer draw up a new will including property owned by the trust. If that is the case, then yes, the trust "overrides" the will, as you put it, because the property is no longer hers to will.

I think you need to dust off the trust document and talk to a lawyer.