Living Trust - Sell of Property

C

Cherianne2017

Guest
Jurisdiction
North Carolina
My father's trust became irrevocable when he passed away on 1/27/17. Two days before he passed, my brother had new trust made up which my Dad signed in the hospital naming my brother as successor trustee (before his trust had my sister and I as trustees for several years). Although we feel it was a case of undue influence as my Dad was bed bound and stayed with brother/his wife for only one and a half months prior to his passing and prior to that he had only seen my brother two or three times in 10 years. We are not pursuing it because we are all 3 named as equal beneficiaries (although some things were changed to my brothers benefit in the new trust).

My brother went out and had a General Warranty Deed made up and had my Dad's home, valued at 250k to 300k, put in his name. Grantor was the Trust, Grantee was my brother. My brother said he did that because it would keep it out of the courts and he would need that to sell the home.

I do not believe he can legally do that, not with us as beneficiaries and it seems he is trying to pull a shady deal there. Can we have him removed as Trustee?

Thank you for any advice you may offer.
 
You should discuss your concerns with a lawyer.
If you have any remedies, you'll need to hire a lawyer to pursue them on your behalf.
 
Back
Top