Trust

[brisance]

What is the name of your state? FL

INDIVIDUAL FUNDED AND CREATED A REVOCABLE LIVING TRUST IN 1996

AMENDED SEVERAL TIMES.

CREATED A NEW TRUST AUGUST 14 2004 FAILED TO FUND

AMENDEND ORIGINAL 1996 TRUST 2004 OCTOBER

IS THE AMENDED TRUST VALID?

 

[BlondiePB]

Have you found your aunt?

https://forum.freeadvice.com/showthread.php?p=1264300

 

[Dandy Don]

You should have consulted a trust attorney long ago.

You said in a previous posting that your mother contacted the attorney to make changes in the trust--she probably had no legal authority to do so and therefore the amended trust will probably not be valid, but if you haven't contested it hasn't the trustee already made the distributions? You also need to find out if a statute of limitations applies.

Anything that was not funded into the will now should be probated IF there was a will, but she probably put all assets into the trust, didn't she? If there any assets left that were not distributed by the trust, probate is still needed. IF there is a pour-over will in the trust, then that could be retroactively applied by the trust and the trustee to cover all assets that were not funded, so you really do need a trust attorney to help you figure out what has happened here.

DANDY DON IN OKLAHOMA ([email protected])

 

[brisance]

Have you found your aunt?

https://forum.freeadvice.com/showthread.php?p=1264300

Yes she died alone in a nusing home far removed from those who loved and cared for her.

 

[brisance]

You should have consulted a trust attorney long ago.

You said in a previous posting that your mother contacted the attorney to make changes in the trust--she probably had no legal authority to do so and therefore the amended trust will probably not be valid, but if you haven't contested it hasn't the trustee already made the distributions? You also need to find out if a statute of limitations applies.

Anything that was not funded into the will now should be probated IF there was a will, but she probably put all assets into the trust, didn't she? If there any assets left that were not distributed by the trust, probate is still needed. IF there is a pour-over will in the trust, then that could be retroactively applied by the trust and the trustee to cover all assets that were not funded, so you really do need a trust attorney to help you figure out what has happened here.

DANDY DON IN OKLAHOMA ([email protected])

The 1996 trust had the assests. She was taken prior to being able to fund the new trust. All the assets were in the first trust and there was nothing to probate. I do have an attorney. The trustee did make the distributions to his wife from the amended October 2004 original 1996. The new beneficiary I might add was listed for a tea set in the seperate writing in the original trust and not mentioned in the unfunded trust. I did hire an attorney that has filed to invalidate the trust. I just wondered if there was some known case law that would
exclude the second trust or the last amendment. They have transferred the assests out of the beneficiary name in order to hide them.