What about siblings that agreed one sibling out of the four could have the real property and they refuse to sign anything so that sibling goes ahead and puts the property in his/her own name. Twelve years later, two of the three siblings hire a lawyer to redistribute the real property, accusing the property holder siblings of embezzlement, fraud, etc. even though one of the protesting siblings signed a legal document and wrote on it that the property holding sibling was the homeowner??? Meanwhile, the property owner sibling has paid all expenses: utilities, insurance, taxes, maintenance on the property and none of the other siblings helped because they KNEW they had let it go???
If a child was in an original Trust. But later is disinherited. Will they still be notified, as an heir, of the parents death? Or are they completely disregarded and never have time to challenge the lack of inheritance?
A child must be notified and be provided a copy of the Trust document even if they are disinherited. A child is an heir-at-law and entitled to notice on that basis. That doesn't mean notification is always provided. But without notification, then the statute of limitations for filing a Trust contest lawsuit does not begin to run. Be sure to talk to a lawyer about your specific issues. This is just general information.
Great question, and not always easy. Trusts are not recorded and they are not public documents. So either the person who created it still has a copy, or if you know the lawyer who drafted it they might have a copy. If you can't locate either of those sources, then you probably will never find a copy of the old trust. It would be great if parents would give their children copies of the Trust as they go along, but few do that and then the documents are impossible to locate.
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What about siblings that agreed one sibling out of the four could have the real property and they refuse to sign anything so that sibling goes ahead and puts the property in his/her own name. Twelve years later, two of the three siblings hire a lawyer to redistribute the real property, accusing the property holder siblings of embezzlement, fraud, etc. even though one of the protesting siblings signed a legal document and wrote on it that the property holding sibling was the homeowner??? Meanwhile, the property owner sibling has paid all expenses: utilities, insurance, taxes, maintenance on the property and none of the other siblings helped because they KNEW they had let it go???
What are the statute of limitations if an individual thinks he was kicked out of the irrevocable living trust in Oregon
If a child was in an original Trust. But later is disinherited. Will they still be notified, as an heir, of the parents death? Or are they completely disregarded and never have time to challenge the lack of inheritance?
A child must be notified and be provided a copy of the Trust document even if they are disinherited. A child is an heir-at-law and entitled to notice on that basis. That doesn't mean notification is always provided. But without notification, then the statute of limitations for filing a Trust contest lawsuit does not begin to run. Be sure to talk to a lawyer about your specific issues. This is just general information.
How do you find the origin of the "old" trust?
Great question, and not always easy. Trusts are not recorded and they are not public documents. So either the person who created it still has a copy, or if you know the lawyer who drafted it they might have a copy. If you can't locate either of those sources, then you probably will never find a copy of the old trust. It would be great if parents would give their children copies of the Trust as they go along, but few do that and then the documents are impossible to locate.
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What I had to do lawsuit