Revocable trust busting
January 10, 2008 7:37 AM Subscribe
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?
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?
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.
posted by Ironmouth at 7:46 AM on January 10, 2008
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.
posted by Ironmouth at 7:46 AM on January 10, 2008
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.)
posted by grobstein at 7:51 AM on January 10, 2008
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.)
posted by grobstein at 7:51 AM on January 10, 2008
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. :-(
posted by ubiquity at 7:56 AM on January 10, 2008 [1 favorite]
posted by ubiquity at 7:56 AM on January 10, 2008 [1 favorite]
We were answering the question of "any advice?" And to get a specific answer for his case, anonymous will probably need a lawyer.
posted by grouse at 8:08 AM on January 10, 2008
posted by grouse at 8:08 AM on January 10, 2008
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.
posted by Ironmouth at 8:28 AM on January 10, 2008
I am not your lawyer and this is not legal advice but a recommendation that you get legal advice.
posted by Ironmouth at 8:28 AM on January 10, 2008
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.
posted by Brandon Blatcher at 8:52 AM on January 10, 2008
Good luck.
posted by Brandon Blatcher at 8:52 AM on January 10, 2008
It will be easier for the other party to break the trust if you don't get a lawyer.
posted by rtha at 8:54 AM on January 10, 2008
posted by rtha at 8:54 AM on January 10, 2008
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 isposted by jessamyn at 9:27 AM on January 10, 2008
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?
Mod note: a few comments removed - telling the OP what movies to watch to help them with this problem is considered a wisecrack.
posted by jessamyn (staff) at 9:53 AM on January 10, 2008
posted by jessamyn (staff) at 9:53 AM on January 10, 2008
probably not much, maybe a lot; hooray lawyers!
posted by lockestockbarrel at 9:56 AM on January 10, 2008
posted by lockestockbarrel at 9:56 AM on January 10, 2008
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.
posted by bruce at 10:00 AM on January 10, 2008
posted by bruce at 10:00 AM on January 10, 2008
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posted by grouse at 7:39 AM on January 10, 2008