In my parents trust it states that upon the death of both my parents the house is to be sold and the proceeds split between the 4 siblings. My father is still living but has advanced alzheimers, 2 of my brothers live with him. Is there a law that states that after the death of my father the property must be sold within a year? What is my protection that they can't simply keep living in the house? What can I do if they have convinced my Dad to sign anything over to them?
1 Answer from Attorneys
The trust provisions executed by your father, control the disposition and timeing of the disposition of the asset and disdtribution of the proceeds; once your fatther dies the trustee of the trust is then empowered to carry out the asset disposition and can force the sale of the house if necessary. In light of the fact you state your father has alzheimers, advanced, then he probably doesn't have the mental/legal capacity to sign any document affecting the transfer of any asset from the trust.