Posted by John T on February 10, 2015 at 18:35:13 from (99.207.127.35):
In Reply to: JohnT? posted by Geo-TH,In on February 10, 2015 at 12:32:25:
"A year before the Farmer dies, a change to the real estate was made at the recorders office showing a change in ownership to a Trustee deed, which I'm thinking may commonly be called a Living trust. Where after death, the other person on the deed is shown as the owner with a death certificate, no probate. So far, am I right?"
1) The Trustee can do anything the Trust document permits which is usually about anything when the trust maker sets himself up as the initial trustee, its a REVOCABLE so it can be revoked or changed which again gives the trustee the right to do about anything. If a Deed conveys a property to two persons as Joint tenants with rights of survivorship, then yes when one dies its the others property free and clear NO PROBATE whatsoever
"It clearly states in the Rev living trust, the owner who is also the trustee of the Rev living trust may, at any time, make changes in part or in whole to the Rev Living trust. However it must go through the same process, a lawyer must do the paper work, signed, notarized, recorded. Does this seem right so far?"
2) NO, the trustee can make changes or revoke it without any notarized or recorded process and without a lawyer. Its just that most go back to the lawyer to insure its all correct and legal but generally speaking there's no added notarization or recording other then Deeds need recording. Of course, there needs to be some sort of a writing signed by the trustee to make changes or revoke a trust, its cant be just a thought, there needs to be evidence of the changes, although that doesnt require notarization or lawyers.
"Can the owner, the trustee of his trust, short cut the process, not use a lawyer, then set up a trustee deed on property?"
3) Probably YES. Its his property, its his trust, he's the trustee, and besides the trust is REVOCABLE
"Then scribble out a will, not drawn up by a lawyer, giving all the cash assets to just one person."
4) Probably yes, the legal requirements of a valid will do NOT require a lawyer prepare it. The law requires a person to be sound mind and NOT be under coercion or duress and to have it signed by two disinterested competent witnesses.
"There is no mention of the Farmers tractors, equipment, anything, in the will or rev living turst."
5) That doesn't make a will invalid. Any property that doesnt pass under a will passes by the laws of intestate succession, i.e. to his heirs at law HOWEVER there could be challenges to the competency and sound mind of the testator if things get too weird.
"Basically, can the trustee, while alive, ignore his own rev living trust without the aid of a lawyer?"
Probably YES unless he were mentally or physically incompetent
"I have encouraged the other family members to see a lawyer, which they will shortly."
THATS THE BEST ADVICE YOU GAVE However they have the burden of proof to show he was incompetent or under duress or being coerced. The law takes the position as long as a person is of sound mind they have the right to do with their property as they please even if all the kids and heirs are disinherited.
Unless the trustee is insane he can do about anything with his revocable trust or his will even if he cuts all his kids out of everything. The kids may have a hard case to win this one
NOTE this is based on limited info and without reviewing all the documents this opinion is worthless, Im just making general statements NO WARRANTY
PS A trustees deed can ONLY convey property that has been placed in the trust in the first place!!! Trust owned property can ONLY be conveyed by the trustee. If property was never placed in the trust, then the owner of the property still always has the right to give to whom he pleases
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