• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

I have some questions about Wills and Trusts please?

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

ring

Junior Member
What is the name of your state (only U.S. law)? Indiana

Kinda a long story I'll try to keep this short.This story is a bit confusing to explain but,I'll try my best.
This story contains 4 people.(My 88 yr old Aunt,My Aunt's ex-boyfriend,A cousin,and I)
My Aunt,
She's 88 yrs old.Never had children of her own.
The ex-boyfirend,
My Aunt had a boyfriend for about 5 yrs.In 2011 the Aunt & the boyfriend parted ways.The Aunt has never seen hied or hair of the boyfriend since they brokeup.Moreless the boy friend is out of the picture.
The causin,
About 5 yrs ago one of my Causin's was our Aunt's POA.And the Aunt's boyfriend was also,POA for the Aunt.
The causin died about 2 yrs ago.The ex-boyfriend is out of the picture as know where to be found/gone.
I'm now the Aunt's caregiver,DPOA and Executor of the Aunt's Will.

After the causin died and the boyfriend left.I started taking care of the Aunt.My Aunt got concerned about her Will.Originally,the Boyfriend & Causin was Executors on her Will and POAs.Since,the causin died and the boyfriend was no longer in the picture.My Aunt decided she wanted to fix her Will.She wanted to remove the ex-boyfriend from her Will.Since my Causin died.My Aunt decided to make me her Executor of her Will and DPOA.
So,I took my Aunt to her attorney to get her Will changed.I learned from the attorney that my Aunt has a Trust with the Causin & Boyfriend as Executors & POAs.Not a Will but a Trust.
When we went to get her Will changed.The attorney said when we go to change the Will that he felt this should be a Will not a Trust as before.So,he made the Will.
In the Will it states I get everything.Car,House,and any remaining funds after creditors.That's what the Will states Now to-date.
The attorney said after creating the new Will that the old Will/Trust is now void.I'm now the Executor of her Will and DPOA.
With my Aunt's dementia and misplacing things.The other day my Aunt lost all of her personal paperwork that included the deed to her house,life insurance ect.
I went to the recorders office to get a copy of her deed for her.The recorder's office told me that in 2004 the house was removed from a trust by my Aunt.They say my Aunt owns her house free & clear is what I was told by the recorders office.
If there was a active Trust would the recorder's office know this information?Does all Trust be recorded by the recorders office?
I worried if there's a active Trust I don't know about?Does this new Will override any other past Trusts if any?The Will does state that it overrides any other wills in the past.But,what about Trusts?Does a new Will override a past Trust?
My Aunt told me I can have her house when she passes.It's in her new Will.
When/if that time comes for me to get the house.Can the Aunt's ex-boyfriend attempt to take the house from me?
I was told that new Wills will override another Will by newest as up to date Wills.But,I was told Wills don't override a trust.Do I need to worry about any past Trusts that my Aunt had done in the past yrs?The attorney said that the old trust was now voided when we had the new Will created/changed.I'm wondering if this is true that the past Trusts are now voided from this new Will?If the house was in a trust that I didn't know about.Would it be recorded at the recorders office?
Thanks!

Last question if I may while I'm here,
How do you go by getting a replacement deed for a House/property?My Aunt lost all of her paper work.A house/property deed is alot of papers not just one paper like a title to a car.I went to the county recorders office and asked for a copy of my Aunt's house deed and they just gave me one piece of paper.My Aunt bought the house in the 1960's so I was told it's not on computer records.Where do I go to get a replacement deed?
 


OHRoadwarrior

Senior Member
Normally we ask you keep things in one thread. In your case, the questions appear significantly divergent though.

If the house were in a trust, it would be reflected on the deed, as would other titled property. It appears she revoked the trust, by de-funding and removing the assets. Therefore the trust should not be an issue.
 

ring

Junior Member
Normally we ask you keep things in one thread. In your case, the questions appear significantly divergent though.

If the house were in a trust, it would be reflected on the deed, as would other titled property. It appears she revoked the trust, by de-funding and removing the assets. Therefore the trust should not be an issue.
Thank you for your advice and information.I apologize for making more then one thread about my issues I'm going through.I have many questions seeking advice on.Placing all my questions into one thread would just make things sound confusing.I have attempting to place all my question in one thread before.All I got was one question answered.I asked more then one question on this thread.And you only answered one of them.I'm not trying to sound harsh in any way don't get me wrong.Just showing how questions get answered.Requires creating many threads inorder to get many questions answered.Still waiting on where to go to get a replacement house deed?I tried the recorders office.I only got one piece of paper.A deed isn't just oine piece of paper.I must not be asking the proper question.
I do thank you for your advice.
Best,
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top