Boothbay, ME asked in Estate Planning for Maine

Q: Living Trust to protect house and property.

I submitted previous question regarding Living Trust question but wanted to try to clarify better.

Wondering about a Living Trust for home and property upon my death (with money from sale of property designated to non-profits and charities), with my brother as trustee, ,,,,,,,(,I did wish my brother to be able to use money from the Trust and whatever is left go to the charities I list). If it happened that my brother died before he made out a proper Will .........would the money in the Living Trust be protected as a separate entity from whether he had a Will or not, and go directly to the charities I list in the Trust ? Because I wanted to be sure that the Trust money was protected without a problem and would go directly to the nonprofits/charities I had listed and have no chance of being inherited by any relative or added complication. (Added advantage of not going through probate).

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2 Lawyer Answers
Nina Whitehurst
Nina Whitehurst pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
  • Estate Planning Lawyer
  • Crossville, TN

A: A properly drafted trust will cover the possibility of your brother predeceasing you. You should raise this issue with the attorney that is drafting this trust for you. If you don’t have an attorney drafting this trust for you, then you should because, as it should be evident to you, you do not fully understand how to do this or you wouldn’t be posting questions in this forum. This forum is not meant as a means of obtaining instruction on how to draft trusts. For advice on how to draft a trust that satisfies your specific needs and concerns, you should hire an attorney. Usually hiring an attorney results in substantial savings in the long run compared to the litigation that ensues when a person dies with an improperly drafted trust or will or both.

Fred Bopp III agrees with this answer

Fred Bopp III
Fred Bopp III
  • Yarmouth, ME
  • Licensed in Maine

A: I believe you could accomplish your goals with the use of an appropriate trust but, as I said before, your situation is complex enough that you should consider contacting an estate-planning attorney admitted to practice in Maine to discuss it further and to learn what your available options are under the circumstances. The issues you have raised are such that you should seek professional advice.

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