Can I be locked out of a house I inherited 25% of that was part of my mother's life estate?

[GentlemanJohn]

Jurisdiction

New York

My question involves real estate located in the State of: NY

My mother had a life estate for the house she lived in.

The beneficiaries are me and my 3 siblings.

My 3 siblings are also trustees of the trust. I am not a trustee.

I live out of town and was never notified of the meeting where they were made the trustees but had I known and been there - I prob would have been made a trustee too.

My mother died and my siblings/trustees changed the locks and will not allow me into the house.

Do they legally have the right to do this?

The never notified me ahead of time.

I also read that they were suppose to notifiy me of fact they were appointed trustees and also provide the trust documents. They never did this.

In addition - they refuse to discuss the locks on the door with me and refuse to give me a key.

What are my rights please?

 

[army judge]

What are my rights please?

You should discuss your legal issues with a NY licensed real estate, or trust attorney.

You can normally meet with MOST attorneys for the first consultation/assessment at no charge.

You should bring all the documents you can obtain that support your position.

You MIGHT have a claim, or there might be no claim at all.

Without reading the documents (deed, trust documents, etc...) no one can definitively tell you if what was done to you is legal, or not.

Even if it weren't legal, your siblings aren't playing nice, so you'd need to hire an attorney anyway; if you wish to assert a claim.

One last thing, your mother lived in the home on a life estate.

A person deeded a life estate has no ownership in the property.

Such a person has use of the property for his/her natural life.

Normally the conveyance that gave your mother a life estate, speaks to what happens upon the person's demise.

The person/persons who take possession of the property upon the death of the life estate holder are remaindermen.


It is entirely probable that the person who conveyed your mother a life estate, omitted you from any remainder.

Again, this is only speculation.

A real estate or trust attorney licensed in NY will have to do research in order to provide you with an accurate response.


Good luck, and please accept my condolences upon the loss of your mother.

 

[mightymoose]

You might have part ownership of the estate, but that does not necessarily mean you have access to it.
You will need someone to review the will and any other other documents to find if you are entitled to anything and how to get it.

 

[zddoodah]

My mother had a life estate for the house she lived in.

The beneficiaries are me and my 3 siblings.

My 3 siblings are also trustees of the trust. I am not a trustee.

"Beneficiaries" is a term typically used in connection with a trust. It is not a term used in connection with a life estate. Did you mean to say that you and your siblings are the remaindermen under the life estate? If you intended to say that you are beneficiaries of the trust that you mentioned (in addition to your siblings being trustees), then who are the remaindermen under the life estate?

What does the trust you mentioned have to do with the property that was subject to the life estate?

I live out of town and was never notified of the meeting where they were made the trustees but had I known and been there - I prob would have been made a trustee too.

I don't know what any of this means. Trustees are not appointed at meetings. A trustee is named in the trust instrument (i.e., the document by which the trust is created).

My mother died and my siblings/trustees changed the locks and will not allow me into the house.

Do they legally have the right to do this?

Until you clarify the relevant facts, I think it would be foolish to opine about this or the other question you asked. I could create a bunch of "if-then" hypotheticals, but I don't think that would be very useful.

 

[GentlemanJohn]

Thanks for the answers. I used the term beneficiary by mistake. I am a remainderman. I am on the deed. That much I know. It's me and my 3 siblings on the deed. I was told my 3 siblings were made trustees. the meeting must have been when the documents were being drawn up. There is an attorney - I believe the correct way to state it - is that the atty is the administer. ? If that's incorrect to state it that way someone will prob let me know.

I read that the trustees are suppose to notify me when they become the trustees and give me a copy of the trust documents. Neither of these things were done. When I tried to talk to my siblings/trustees about the locks on the door - they walked away. I read the trustees are obligated to keep me informed so that seems to be a violation. I will see if I can get the trust documents form the atty who adminsters the trust - if that is the correct phrase.

CAn the trustees refuse to pay me any inheritance? IN addition to the house, there are other monetary investments.

Yes - i will consult w some lawyers.

 

[army judge]

i will consult w some lawyers.

Your siblings are refusing to play nice.

When that happens, often money or stuff ends up missing.

I suggest you retain an attorney ASAP.

Once you retain counsel, he or she will instruct you further.

This might even end up before a court.

 

[zddoodah]

The facts here are way too complicated. You didn't expressly say so, but I assume your mother has died. According to you, when she was alive, she made a trust. That means there's both a trust and her probate estate. Did she have a will? If so, what did it say? How long ago did she die? Has the estate been probated? What property was transferred to the trust, and what property, if anything, remains in the estate?

If you were sitting across from me in my office, you could give me whatever documents you have, and I could ask you questions and then go out and make some calls and ascertain all the relevant facts. Obviously, that's way beyond the scope of a message board. Sorry.

 

[GentlemanJohn]

The facts here are way too complicated. You didn't expressly say so, but I assume your mother has died. According to you, when she was alive, she made a trust. That means there's both a trust and her probate estate. Did she have a will? If so, what did it say? How long ago did she die? Has the estate been probated? What property was transferred to the trust, and what property, if anything, remains in the estate?

If you were sitting across from me in my office, you could give me whatever documents you have, and I could ask you questions and then go out and make some calls and ascertain all the relevant facts. Obviously, that's way beyond the scope of a message board. Sorry.

 

[GentlemanJohn]

I'll call up some atty's but haven't' had the time to do that yet. yes, my mother died last week and the locks were changed about that same time. she was in hospice so may have even been drugged up on morphine. One of my siblings who is a trustee does not even talk to me. refuses to. how can someone be a trustee and refuse to speak to one of the remaindermen? My siblings are remaindermen as well as trustees.

yes, my mother had/has a will. I don't know what it says. I called the Atty who administers her finanial matters today, but he did not call me back. I will ask for a copy of the will and the trust documents.

I thought if there was a trust and a will that the property did not have to go through probate?

there is at least $500,000 in monetary assets and a paid in full house worth 160,000.

 

[GentlemanJohn]

The facts here are way too complicated. You didn't expressly say so, but I assume your mother has died. According to you, when she was alive, she made a trust. That means there's both a trust and her probate estate. Did she have a will? If so, what did it say? How long ago did she die? Has the estate been probated? What property was transferred to the trust, and what property, if anything, remains in the estate?

If you were sitting across from me in my office, you could give me whatever documents you have, and I could ask you questions and then go out and make some calls and ascertain all the relevant facts. Obviously, that's way beyond the scope of a message board. Sorry.

I don't think there is anything in the will about locking me out. that only came up in the last week before my mother died. My 3 siblings are saying becuase they are the trustees that they can order things like that and that there is nothing I can do about it. I told them I was going to get a locksmith as I am on the deed as one quarter owner and they said if I did that I would be breaking the law.

 

[GentlemanJohn]

The facts here are way too complicated. You didn't expressly say so, but I assume your mother has died. According to you, when she was alive, she made a trust. That means there's both a trust and her probate estate. Did she have a will? If so, what did it say? How long ago did she die? Has the estate been probated? What property was transferred to the trust, and what property, if anything, remains in the estate?

If you were sitting across from me in my office, you could give me whatever documents you have, and I could ask you questions and then go out and make some calls and ascertain all the relevant facts. Obviously, that's way beyond the scope of a message board. Sorry.

As far as I know - all of the property - monetary assets of 500,000 and home w value of 160,000 and no mortgage are all in the trust

 

[army judge]

As far as I know - all of the property - monetary assets of 500,000 and home w value of 160,000 and no mortgage are all in the trust

Thieves, thugs, bandits, and greedy people will do most anything to get their hands on loot belonging to others.

With almost $750K on the line, it is well worth it to spend money to ensure the Sibling Gang doesn't clip you, mate.

 

[GentlemanJohn]

Thieves, thugs, bandits, and greedy people will do most anything to get their hands on loot belonging to others.

With almost $750K on the line, it is well worth it to spend money to ensure the Sibling Gang doesn't clip you, mate.

Thanks. I'll be calling some atty's tomorrow. How the heeeeeeeeecccccccccccckkkk can trustees refuse to talk to the remainderman? I will have them THROWN OFF AS TRUSTEES!!!

 

[army judge]

How the heeeeeeeeecccccccccccckkkk can trustees refuse to talk to the remainderman?

When I've seen that behavior, money, assets, etc... disappears.

Greed can drive people to kill.

 

[GentlemanJohn]

When I've seen that behavior, money, assets, etc... disappears.

Greed can drive people to kill.

wow. so do you really think they are going to kill me??

 

[army judge]

wow. so do you really think they are going to kill me??

I made no reference to you, per se.

I simply mentioned what I had seen in a couple of previous cases.

The point you appear to have missed referenced greed.

Normally greed involves theft which is defined as: "the unlawful taking of the personal property of another with the intent to permanently deprive the owner of said property".

Murder is rare, with greed being the primary motivation.

Frankly, I'm curious why you'd return to waste more time here in the fake internet world, when real loot is at stake in the real world?

 

[zddoodah]

wow. so do you really think they are going to kill me??

Ummm....I know nothing about you or your situation other than what you've shared here, and nothing you've shared here would lead any reasonable person to conclude that anyone might seek to kill you.

 

[GentlemanJohn]

I made no reference to you, per se.

I simply mentioned what I had seen in a couple of previous cases.

The point you appear to have missed referenced greed.

Normally greed involves theft which is defined as: "the unlawful taking of the personal property of another with the intent to permanently deprive the owner of said property".

Murder is rare, with greed being the primary motivation.

Frankly, I'm curious why you'd return to waste more time here in the fake internet world, when real loot is at stake in the real world?

You mentioned the K word. I was somewhat joking when I asked you if you thought they were going to kill me. It's hard to tell jokes on the internet. By the way - I can see them outside my house w a sniper rifle this very minute.

 

[army judge]

Thread closed.........................................................