Comments on: Revocable trust busting

Question: Revocable trust busting

Anonymous — Thu, 10 Jan 2008 07:37:58 -0800

Is it easy to break a revocable trust?

Someone who is related to us through marriage, not through blood, has left us a large portion of an estate by means of a revocable trust. Someone who IS related to this person by blood has come forward, is insinuating that we have no right to the estate and has hired an attorney. This blood relative was despised by the decedent and was deliberately excluded from the trust. This has already been traumatic as the death was unexpected and the consequences life-changing for us. Is it easy to break a trust? Are we in for a long, painful, expensive and emotional battle? Any advice?

By: grouse

grouse — Thu, 10 Jan 2008 07:39:28 -0800

Get a lawyer.

By: Tomorrowful

Tomorrowful — Thu, 10 Jan 2008 07:42:42 -0800

Lawyer, lawyer, lawyer.

Lawyer?

Lawyer.

By: Ironmouth

Ironmouth — Thu, 10 Jan 2008 07:46:48 -0800

MUST HAVE LAWYER. NOW. This is way, way, way too complex to be dealing with by yourself. There is no area of the law that the general public is exposed to which is more difficult to deal with.

Here's how you go about it. If you have a trusted friend or relative who is a lawyer, ask them to get you in touch with the best trust and estates lawyer you can find. Then make an appointment and collect all of your documents. Good luck.

By: grobstein

grobstein — Thu, 10 Jan 2008 07:51:49 -0800

Do wait for the trusts & estates mefites to come along. Mr. President Steve etc. etc. usually has good answers.

My take: details will depend on state law, but here's how I think this works:
1) the revocable trust is no longer revocable, since the donor is dead. If the trust just gave the bequest to you outright, it probably doesn't exist anymore.
2) the disappointed relative probably has no case to get at the gift. The revocable trust is an easy instrument to use, so I don't think there are any holes in it. Even a spouse or child would probably have a tough time getting at the property; another blood relative probably doesn't have any sort of claim at all.

Bottom line: I don't think the disappointed relative can get anything from you in court. Of course, that doesn't mean they can't harass you.

(I'm not a lawyer etc. etc.; I took a class in this but am working from somewhat vague memories; you need a lawyer to work out the specifics of state law in any event.)

By: ubiquity

ubiquity — Thu, 10 Jan 2008 07:56:09 -0800

Although I agree with grouse and others that it is important for you to get a lawyer, I notice they did not actually answer your question. It is certainly possible to break a trust, though how "easy" it is depends on many factors, such as (but not limited to) the decedent's competence at the time he or she entailed the money, the existence of contradictory documents, other pre-existing claims on the estate (such as debts and liens), and the legal position of other relatives according the laws of the state in which the decedent resided. Even if you believe that none of these factors apply, you should get a lawyer because the other party has one, and you can lose big here by sheer ignorance of the proper procedure. Whether you are in for a nasty battle depends on the quality of your relatives claims and the quality of the lawyers involved. Sorry. :-(

By: grouse

grouse — Thu, 10 Jan 2008 08:08:22 -0800

We were answering the question of "any advice?" And to get a specific answer for his case, anonymous will probably need a lawyer.

By: Ironmouth

Ironmouth — Thu, 10 Jan 2008 08:28:54 -0800

I am an attorney who sometimes does work in this area. My advice to get a lawyer is the correct advice. Do not listen to any other person on this thread who gives you advice. They will all be non-lawyers. They do not know what they are talking about.

I am not your lawyer and this is not legal advice but a recommendation that you get legal advice.

By: Brandon Blatcher

Brandon Blatcher — Thu, 10 Jan 2008 08:52:41 -0800

There will be so many details specific to your situation and laws that anything less than a lawyer and a lawyer NOW, is utterly foolish.

Good luck.

By: rtha

rtha — Thu, 10 Jan 2008 08:54:24 -0800

It will be easier for the other party to break the trust if you don't get a lawyer.

By: jessamyn

jessamyn — Thu, 10 Jan 2008 09:27:07 -0800

follow-up from the OP

We have hired two lawyers, one in our state and one in the state of the decedent. They're both saying not to worry, that the trust is
properly written and valid. The trust itself says no one is to know
its contents except for the people mentioned in it. I was always
under the assumption that trusts were created specifically to prevent
this kind of situation. So I'm wondering, how much trouble can the
relative cause?

By: jessamyn

jessamyn — Thu, 10 Jan 2008 09:53:27 -0800

[a few comments removed - telling the OP what movies to watch to help them with this problem is considered a wisecrack.]

By: lockestockbarrel

lockestockbarrel — Thu, 10 Jan 2008 09:56:47 -0800

probably not much, maybe a lot; hooray lawyers!

By: bruce

bruce — Thu, 10 Jan 2008 10:00:55 -0800

you've done all you can, go with what your lawyers say (sez retired lawyer), the relative can cause x amount of trouble but it sounds like you have the upper hand, life is a synthesis of troubles, trouble is the one thing most likely vouchsafed for us for the day when we wake up in the morning, all that is left to find is the serenity to accept what you cannot change.