Property Trust Dispute Resolution

Summary

A trusts terms must be honored, and the trustee has a fiduciary duty to act in the best interest of the beneficiaries. Violating the trusts terms can lead to legal consequences, including removal of the trustee and legal action to recover damages. Property cant be transferred under duress, and such transfers can be invalidated. In case of divorce, property division follows Rhode Islands equitable distribution law, and the trust may remain valid unless altered by court order. If fraud is suspected, gather evidence and consult a Rhode Island attorney immediately for potential legal action.

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My father is remarried. He bought a house with his money, and then his wife secured a mortgage, and she paid him back his money for the purchase of the house. His name is on the deed (pretty sure) The arrangement was she would pay the mortgage & he would pay the renovations (upward of $*,*) He also let his new wife put this house into a trust to pass onto her adult child - my father's step child. The arrangement was my father was to have surviving spouse benefits- if his wife died first he could stay in the house until he died, then the house would pass onto her child. Recently, her adult child, his wife and his adult child moved in to the house and forced my father to move out and my father's wife decided to give the house to her son now before either she or my dad have died, to just escalate the outcome.........what can be done? Would this violate the terms of the trust by her the trustee or her son the benefactor ?? any advice?
Hello ****, this is a complex situation. Generally:
- A trust's terms must be honored.
- The trustee has a fiduciary duty to act in the best interest of the beneficiaries.
- Violating the trust's terms can lead to legal consequences.
Your father may need to consult a Rhode Island attorney to review the trust's documents and advise on potential legal remedies.
can someone take ownership of a property before their parents are dead - under duress?
In general:
- A property can't be transferred under duress. Duress can invalidate the transfer.
- If a trust is involved, the terms of the trust must be followed.
- If there's a violation, the aggrieved party can take legal action.
Consulting a Rhode Island attorney is advisable for your father's situation.
does violating the terms of a trust by either the trustee or the benefactor make the trust null and void?
In general, if the terms of a trust are violated by the trustee or a benefactor, it doesn't necessarily nullify the trust. However, it might lead to legal consequences, which could include:
- Removal of the trustee
- Legal action to recover damages
- Court intervention to enforce the trust's terms
It's advisable for your father to consult a Rhode Island attorney to explore his options.
what would happen in this situation if they divorced?
In general, if they divorced:
- Property division would be governed by Rhode Island's equitable distribution law.
- The trust may remain valid unless altered by court order.
- The house's status could depend on the trust's terms and divorce settlement.
- Legal advice from a Rhode Island attorney is advisable for specifics.
what if you thought fraud was involved?
If you suspect fraud, your father should consult with a Rhode Island attorney immediately. They can:
- Review the trust's terms and conditions.
- Gather evidence of fraud.
- Possibly take legal action to protect your father's rights.
Remember, proving fraud requires strong evidence. So, it's crucial to gather all relevant documents and consult a legal professional.