Q: Hi, my name is wing I need help for my next steps
Hi, my husband just passed away and without will because he got a stroke is die very fast. Last Oct 2018, his daughter introduce a lawyer for him so we designed to made a trust. On the first meeting my husband said l can using all the rent income for ten years until our daughter Graduates but the lawyer didn’t ask me to be one of the trustee until l ask her on the 2nd meeting then she said you can change one of the trustees. Also, when the 1st draft came she wants me to take off my name in one of the properties and l did it because l don’t know the law and l think is ok. Therefore, last week when l think this is a settlement meeting so l show up but it’s not. She only want me to sign one bone paper and she’s my lawyer. And last Saturday’s l received a letter from her how they charge me and EIN form. I don’t know what to do so l didn’t sign and return. Therefore, l need advice from you guys. Thanks
A:
Please accept my condolences on the death of your spouse. From your post, it appears you are or may be a beneficiary of a revocable living trust. Your spouse was one of the trustors of the trust, and you may be a trustor also. A trustor is a person who creates a trust. I recommend that you obtain a copy of the revocable living trust that your spouse created and signed, and review that with an independent attorney. Without more information, it is difficult to give specific advice in your matter.
If a trust was not created and there is no will, then you will receive all assets in your husband's estate if his child (or children) is also your child.
Nina Whitehurst agrees with this answer
A: It is certainly understandable that you may be confused at this difficult time. Rather than relying on legal advice you may get online, I strongly recommend that you hire an attorney who can review the relevant documents and advise you as to your rights and responsibilities. It sounds like you may be the Trustee of your husband's Trust. If so you have some important duties to perform.
Nina Whitehurst agrees with this answer
A: You can't get specific legal advice here on Justia. This forum is just for very general question so Attorney's can help people know where to start looking for legal help. I am afraid your problem is not something that a general suggestion will resolve. You need to pick a lawyer you want to work with and make an appointment and have a consultation where you can explain everything in greater detail and show your lawyer the papers that you consider a trust document. It isn't clear where the situation is right at the moment in terms of the attempted or possibly completed trust and what the purpose was for asking you to take you name off a piece of real property. This is going to take a full consultation so a lawyer can come up to speed and properly advise you. Also you should not mention names or discuss this on a public internet website.
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