Legal Question in Wills and Trusts in North Carolina

My father in law, American citizen, married and moved to Dominican Republic. He was trustee of a trust that only could be used for his living expenses. He did purchase property in Domincan Republic, neither is in his wife name. The trust he received left my husband as recipient. Do we have to split trust with her? Sell and split Property with her? He did not have a will or a trust. The grandparents trust list him as recipient and upon death to my husband.


Asked on 3/27/15, 1:15 pm

1 Answer from Attorneys

I don't know what the trust says. Is the trust created and/or subject to the law of the Dominican Republic or North Carolina? What does the trust say? It does not matter if your father-in-law was trustee. Trustees have no ability to modify trusts of dead people in most cases.

So let's back up here and you can either re-post with relevant information or go see an attorney in the place whose law governs the trust. Who died and created the trust? Again, what does the trust document say about who is a beneficiary of the trust? How often or how is trust property to be distributed? Who is her? How is property in the Dominican Republic owned? By this trust? Or by the father-in-law? Is the father-in-law now dead?

Your question seems to be this. Grandparents set up a trust providing that son (your father-in-law) is a beneficiary and on his death you your husband. Father-in-law died and was married. So who owns the land? If father-in-law owns the land in his name only or in he and wife's name it will pass as per the intestacy laws in the Dominican Republic if that is where he lived. If the trust owned the land, then you need to read the trust to see what the trust says about where the trust assets go after father-in-law is dead.

I think you are going to need a probate attorney in the Dominican Republic and also perhaps one in the United States in the last place of residence of father-in-law.

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Answered on 3/27/15, 8:09 pm


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