wishing4it
Dryer sheet aficionado
- Joined
- Oct 13, 2009
- Messages
- 28
Wondering if anyone out there has experience with a Trust gone wrong? I'm in a really nasty situation and am trying to get out of it.
My mother had a Will stipulating that her house and some money go into a Trust for the benefit of my 2 disabled brothers. Although their disabilities are not really all that disabling... unless laziness and stupidity are now deemed disabilities. Anyway, on her deathbed, she instead signed a quit claim deed and gave the house to them along with her money. How I wish I just left this alone, but, I tried to reverse it (long story but I did this for the benefit of my brothers and my sisters who were to inheirit the house upon my brothers' death) and sought the help of a lawyer. Turns out the quit claim deed was never filed so we did move the house into Trust and my brother agreed to return the money. But, in the end, he didn't. Instead, my brother took responsibility for paying the bills related to the house. Fast forward 6 years, the taxes are past due, the HOA is suing me and I'm paying the homeowner's insurance.
Over the years, I've tried everything I can think of. The house could be sold but they don't want to move, and I can't sell it if they won't let realtors in. If evicted, they would truly be homeless and blame me. I tried to recover some of the money my brother "gave" to someone (50K) but that's not going well either. I also tried a home equity loan (denied because it's in the name of a trust) and I tried to convince my older brother to help me get a reverse mortgage in his name (he will be 62 this month and this solution would allow them to stay in the home, pay the bills, and have some extra money). He won't even respond to me. I've considered getting a conservatorship and proceeding with the reverse mortgage but all this would be at my expense and my lawyer really doesn't want to go that route. He's still chasing the $50K.
My thought now is to sign the house over to them and let them sink or swim. Of course, I would offer to help them get a home equity loan. My problem is this, another lawyer told me if I did that and then they lost the house, I could be held responsible. They could sue me for the value of the house. I'm thinking that my mother's final wish obviously was to sign it over to them anyway so she negated the Will. I shouldn't have set up the Trust in the first place. My lawyer has been witness to everything my brother agreed to do and knows everything I've tried to do. Does anyone see a way out of this for me? I really can't afford to pay their way in life and my sister's don't want anything to do with it although they both have given up any hope of an inheritance. Thoughts anyone?
My mother had a Will stipulating that her house and some money go into a Trust for the benefit of my 2 disabled brothers. Although their disabilities are not really all that disabling... unless laziness and stupidity are now deemed disabilities. Anyway, on her deathbed, she instead signed a quit claim deed and gave the house to them along with her money. How I wish I just left this alone, but, I tried to reverse it (long story but I did this for the benefit of my brothers and my sisters who were to inheirit the house upon my brothers' death) and sought the help of a lawyer. Turns out the quit claim deed was never filed so we did move the house into Trust and my brother agreed to return the money. But, in the end, he didn't. Instead, my brother took responsibility for paying the bills related to the house. Fast forward 6 years, the taxes are past due, the HOA is suing me and I'm paying the homeowner's insurance.
Over the years, I've tried everything I can think of. The house could be sold but they don't want to move, and I can't sell it if they won't let realtors in. If evicted, they would truly be homeless and blame me. I tried to recover some of the money my brother "gave" to someone (50K) but that's not going well either. I also tried a home equity loan (denied because it's in the name of a trust) and I tried to convince my older brother to help me get a reverse mortgage in his name (he will be 62 this month and this solution would allow them to stay in the home, pay the bills, and have some extra money). He won't even respond to me. I've considered getting a conservatorship and proceeding with the reverse mortgage but all this would be at my expense and my lawyer really doesn't want to go that route. He's still chasing the $50K.
My thought now is to sign the house over to them and let them sink or swim. Of course, I would offer to help them get a home equity loan. My problem is this, another lawyer told me if I did that and then they lost the house, I could be held responsible. They could sue me for the value of the house. I'm thinking that my mother's final wish obviously was to sign it over to them anyway so she negated the Will. I shouldn't have set up the Trust in the first place. My lawyer has been witness to everything my brother agreed to do and knows everything I've tried to do. Does anyone see a way out of this for me? I really can't afford to pay their way in life and my sister's don't want anything to do with it although they both have given up any hope of an inheritance. Thoughts anyone?