Posted on: 16th Feb, 2008 10:30 am
utilize quit claim deed to transfer property (for purchase) to potential buyer prior to the death of "grantor" of the revocable living trust? what legal remedies are available to beneficiaries?
my mother died in november of 2007. a revocable living trust was established in 1995 naming my mother as "settlor" or "trustee" and two of my four brothers as "successor trustee" and "alternate successor trustee". the trust indicates that "upon the death of settlor, the successor trustee shall:
divide all assets of this estate equally among settlor's children.......(myself included). settlor was never adjudicated incompetent prior to her death. in december of 2003, successor trustee (one of my brothers) utilized quit claim process to transfer property deed to another brother who subsequently obtained a mortgage on the property and currently resides at the property. how could this have legally been accomplished prior to my mother's death? successor trustee, to date, has refused to provide any information regarding estate assets or distribution of assets to other beneficiaries (all brothers of mine) . what is my legal recourse? if a law suit is filed by me for breach of fiduciary duties, am i able to request reimbursement of attorney fees?
my mother died in november of 2007. a revocable living trust was established in 1995 naming my mother as "settlor" or "trustee" and two of my four brothers as "successor trustee" and "alternate successor trustee". the trust indicates that "upon the death of settlor, the successor trustee shall:
divide all assets of this estate equally among settlor's children.......(myself included). settlor was never adjudicated incompetent prior to her death. in december of 2003, successor trustee (one of my brothers) utilized quit claim process to transfer property deed to another brother who subsequently obtained a mortgage on the property and currently resides at the property. how could this have legally been accomplished prior to my mother's death? successor trustee, to date, has refused to provide any information regarding estate assets or distribution of assets to other beneficiaries (all brothers of mine) . what is my legal recourse? if a law suit is filed by me for breach of fiduciary duties, am i able to request reimbursement of attorney fees?
Hi mrbssw,
Welcome to the forum.
The owner can quitclaims even after creating a "revocable living trust?" but as your mother has not quitclaimed the property; you should consult an attorney ASAP.
Your mother should have written detailed instruction to the trustee that means you brother how to handle the trust and distribute to the beneficiaries after her death. Then how can your brother transferred the property only to one of your brother using a quitclaim deed.
Best of luck,
Larry
Welcome to the forum.
The owner can quitclaims even after creating a "revocable living trust?" but as your mother has not quitclaimed the property; you should consult an attorney ASAP.
Your mother should have written detailed instruction to the trustee that means you brother how to handle the trust and distribute to the beneficiaries after her death. Then how can your brother transferred the property only to one of your brother using a quitclaim deed.
Best of luck,
Larry
The issue is who are the beneficiaries of the trust. The trustee may have violated the terms of the trust by transferring to only one apparant beneficiary. Your only remedy is to go to court. Contact a probate attorney immediately.
