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judithe

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  1. Thank you Doucar. I have a lot of reading to do.
  2. So, would that mean if it was not addressed in the Trust, one would turn to State law for the answer? Thank you to both of you for a response. Is there someplace one can go to read state law on certain kinds of Trusts? The Trust person who wrote the trust retired and the one who took over won't talk to us because they might have to be expert witness.
  3. Does State law override Trust law if they are opposing....on a revocable spendthrift trust in Idaho?
  4. Thank you for the response Doucar. Does that mean if a fiduciary duty isn't outlined in Trust, it does not apply?
  5. Is it possible there is some kind of rule/law that a Trustee in revocable, spendthrift Trust has to inform beneficiaries if they are selling their property? Husband had legal right to sell without Mom (Trustee) signing according to trust language, but would she have to be informed of such sale legally?
  6. Tax_Counsel, I can't tell you how much your input is appreciated. We have been working for a year on this stuff and this lady loses hope very easy because of the TBI and what her husband and son are doing. She's very bright, but, because of the TBI, can't organize well, gets overwhelmed and depressed very easy. Because of her son being an attorney in a small town, we are more challenged with the local system. Your email gave her and I hope that we are on the right track. I sent the info to her attorney and just hope he does not get offended. Her husband has done everything possible to hinder her attempts with no money. Her PERSI changed in the middle of this because of age and new paperwork needed to be done and husband refused to sign so it was discontinued and she is down to $1000 per mo to live on. Her personal injury attorney is working on contingency, divorce lawyer on contingency and now we hired a forensic accountant on contingency. We believe there is money hidden in Mexico where they have another home. We also believe there has been much money laundered through a financial person who appears to be corrupt. They also have cabin on a river and other lots...all in the Trust. I tell you this so you get the magnitude of what we are up against and the deep appreciation for your kind help.
  7. Tax_Counsel, Thanks for being so informative. I hope I don't overstep by asking another question of you. Son says home sold to him June 2014, Mom's accident Jan 2014. The day of accident (after accident) son tried to get Mom to sign agreement to sell. She did not (she had serious TBI). For two years after accident Dad and son presented new contracts and Mom would not sign. Why didn't Dad sign if he knew to use Trustee ability to sell? In Dad's 2017 Interrogatory, he claimed, Dad, Mom and son got together and formed an agreement to sell house with no money down, interest 3.5 and payment $3000 (none of this is true)….sale would have been about 6 mo after accident. Why didn't he say as Trustee he sold to son? She was still dealing heavily with Traumatic Brain Injury. The end of 2016, Dad sent Mom email (we have email) to have meeting to formulate terms for sale (sounds like it didn't happen like he said in Interrogatory). Mom filed for divorce mid Dec 2016. Son has been paying $3000 per month to trust (she has not been given any of this money) and paying county taxes with title still in name of Trust and with the Trust homeowner exemption in name of Trustees (county recorder or assessor never told of sale). First mortgage never told of sale. Insurance company never told of sale (son added to Insurance). Mom did not agree to any of this. Mom's first attorney said he was told, in 2017, house sold to son with verbal contract and a witness. Now, why would they not tell him it was sold via Trust if that is what happened. Son changed locks on home so Mom wouldn't enter and put up camera (Dad could enter as he has office there and is getting mail there). When she asked (text message) to enter to take divorce inventory, son refused (we have his text). He then put a few of her personal items in bags and set outdoors in rain and told her she could come get. I feel from all this evidence that they too did not know of trust language and therefore did not sell as Trustee. Could this be a good approach for her attorney? Her attorney is now using the approach of Dad not doing his fiduciary duty as Trustee for best interest of beneficiary (Mom) when selling without knowledge and not taking care of first mortgage. Is her attorney's approach the best option without this other stuff that I propose showing Dad and son did not know of trust language and did not sell it that way. They didn't know of trust language until way after the divorce was filed. Could attorney use both approaches at this point? Judge at hearing (Aug 2) gave attorneys 10 days to prove their points. Maybe it is too late to add this approach? I so appreciate your input. Mom also has personal injury lawsuit with Farmers pending. Son started representing Mom and Dad in this suit (Dad is also suing for personal injury from wife's loss of income). Son's law firm does family situations pro bono, but son asked parents for 30% under the table or reduced price on home. Mom said that is illegal and unethical and you will get yourself in deep trouble. Dad said okay and Mom got her own personal injury attorney. Son ended up not representing Dad as well.
  8. Husband simply did it because he was angry. She was the breadwinner and after the accident she lost her medical job and needed care that he didn't want to give. He was at a stage in his life where he was expecting to retire. Son and father are very aligned. In my opinion, there are many indications he did not sell the property by way of the trust in 2014. What does it mean to enjoin the transfer? Thank you Retired in VA.
  9. Thank you for your comments. I appreciate it. Yes, both wife and daughter are beneficiaries who are getting nothing. The family has become very divided.
  10. Father and son didn't know trust language either until this year when their attorney read it. They lied about selling it that way in 2014. They tried for several years to get her to sign contract. We have proof. If husband sold it in 2014, why did they keep trying to get her to sign and why didn't he sign contract? It's hard to believe the law is so black and white, that the obvious can't prevail.
  11. She has lawyer but not real estate attorney. Lawyer is divorce attorney. Another question would be...if divorce was filed when husband and son made deal would it stand?
  12. Husband and wife are joint trustees. Personal home part of Trust. Wife in accident and moves temporarily to daughters home for care. Son moves into family home and starts paying payments and taxes against mothers wishes. Son changes locks on home and only he and father can use home. Father and son are in agreement to sell house to son. Husband and wife in pending divorce. Son, who is attorney, sues for home and says father sold to him on verbal contract because language in Trust said one Trustee could sell without other trustee approval....father agrees. Lady did not realize when she signed Trust that it had that language. In state of Idaho son has also been using the homeowner exemption illegally that was intended for original owners (Mom and Dad's Trust) since he moved in June 2014. There is no written contract, no recording and first mortgage was not paid off when house sold verbally to son. At hearing Judge asked them for case law to prove their points. I can't find case law. What recourse does lady have?
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