Q: My questions are: what exactly is she entitled to if there is a life estate and is a copy of the trust enforceable?
My dad passed away in 2005, and he has a will and a trust set up. The trust states that my brother and I receive everything and once we were both of the age 25, we became co-trustees. I am 30 now and in the process of buying my brother out of his half of the house. My mom is saying she has a life estate from my dad's trust. Her lawyer has a copy of the trust, but no one has a copy of the original trust. I'm not sure if the copy is signed or unsigned.
A: This is too complicated to be answered on line. As a co-trustee, you are certainly entitled to a copy of the trust. Ask your mother's lawyer for a copy. If you don't already have an attorney, then use the Find a Lawyer tab to retain a local estate planning attorney who can review the trust, deed, and any other documents, and consider all the facts of the situation, and who can then answer questions, advise of your options, and contact your mother's attorney.
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