Parenting and Children

Your sister had a revocable trust drawn up for your mother she is the trustee your mother wants you to get the house your sister doesn't want you to does she have the final decision after mom passes?



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This issue is so important. Your mother MUST take the legal steps necessary to see that you will receive her property after her death . . . now. Many parents talk about wanting a certain child to inherit their property but fail to draft a will or trust that states that intention. This situation happens often when one child remains at home and becomes a parents co-tenant in every sense but a legal one, sharing expenses, maintaining the property, providing care and companionship, etc. Often the other children have moved on, married or embarked on careers. They are frequently better off financially than their sibling who remained at home. They get comfortable with the knowledge that one sibling is there with Mom and that child bears the brunt of the responsibility for years. However, for various reasons parents are reluctant to reduce to writing that desire to leave the property to the child who stayed home. The parent dies and the other children are at the door with their hands out. The one who stayed home must borrow the money to buy them out. If they can't afford to do that, the property must be sold and the proceeds divided. If your mother has allowed your sister to transfer her home to a trust then yes, your sister will have control over the property when your mother dies unless the trust instrument clearly provides that the property will pass to you upon your mother's death. That provision can be added to the trust if necessary. You should discuss the matter with your mother and your mother should discuss it with her attorney without you or your sister present. She should be made to feel free to make her own decisions regarding her estate. However, she should be making those decisions herself and not allowing your sister's influence to dominate.