Legal Question in Wills and Trusts in Massachusetts
My Dad had a Trust, he was owner which included assets and real estate, his son was executor. Prior to his passing he legally took the real estate out and gave to me, Family is contesting, and now I'm hearing the Trust was not probated? What does this mean?
3 Answers from Attorneys
Trusts don't go through probate, and they don't have executors. Trust assets pass after death to the persons described in the trust. I'm not clear who took the real estate out of the trust -- I gather it was your father. If so, there needs to be a determination whether the trust authorized him to make such a transfer.
You need to sit down with an attorney and have the document reviewed -- the answers to your questions will depend on the specific facts and the terms of the document.
Thank you for your question.
I agree with Attorney Golden that you need to schedule at least a consultation with an attorney. Estate planning and administration of estates are confusing areas of the law for laypeople, and you may be confusing a variety of issues. Whether your father had the right to remove property owned by the trust depends entirely on the terms of the trust. Trusts are generally not probated, and the executor is the person charged with administering an estate, not a trust.
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Attorney Golden is correct. You need to bring the documents as well as the deed gifting the property to you as well.
The only way to set-aside the transfer would be fraud, undue influence or incompetency at the time of transfer.
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