What happens if I inherit 1/2 of my mother’s house by trust and the other half goes to her husband by a separate trust?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
What happens if I inherit 1/2 of my mother’s house by trust and the other half goes to her husband by a separate trust?
My mother and her second husband made out 2 individual trusts, each leaving me half of house they owned, in order to maximize my inheritance tax deduction. The second husband died and my mother now wants to change her trust, leaving her half of the house to her third husband. At her death, can I require that the house be sold and the profit split between me and the third husband, or can he prevent the sale? Also, can she write in her trust that he can live there until his death if I am 1/2 owner upon her death?
Asked on September 16, 2011 under Estate Planning, California
Answers:
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
This type of question is way too complicated for this type of forum. Generally speaking, if your mother retained the right to change or revoke the trust that left the house to the second husband then yes, she can now change the terms of the trust and leave it to her third husband. Can she create a trust that gives him a life estate in half of the the house and then grants you ownership? Granting a life estate is a common thing but in only half a house? That sounds difficult as it violates your right as an owner. Forcing a sale is not easy. Speak to the attorney you consult with about an action for partition. And bring the trust document. Good luck.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.