Property Inheritance Trust Disputes

Summary

The user is dealing with a property inheritance dispute involving a trust in Rhode Island. The users sister-in-law, a trustee, amended the trust to add her husband to the deed. The users husband owns 50% of the property according to the trust. The user is seeking advice on how to handle this situation and whether her husband needs to make a will to ensure his share goes to his family. The user is advised to obtain a copy of the trust to understand its terms and consult with a Rhode Island attorney.

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I have question about property inheritance between siblings that is on a trust
What state are you located in, Remelie? The rules for property inheritance in a trust can vary by state.
The property is in Rhode island but we are living in florida
What is the specific issue you're facing with the property inheritance?
My father in law's will has been probated already. And my sister in law as one of a trustee of the trust made an amendment to add her husband on a deed, so they can refinance the house. Because the lawyer said, the mortgage cant be on the disease name still, so since my sister in law cant afford to buy out my husband's share right now, all they did is refinance.
Did your father-in-law's will specify any conditions for amending the trust or adding new trustees?
We dont know, for the court and the lawyer didnt send us a copy of the trust
Have you requested a copy of the trust from the court or the lawyer? It's important to understand the terms of the trust.
We called the lawyer and asked for all the documents in order for my husband to make a will on his own, but the lawyer only sent tge amended one
What changes were made in the amended trust document that you received?
The changes is that my sister in law as a trustee has a right to buy or sell
What is the exact wording of the amendment regarding your sister-in-law's right to buy or sell?
It says that the trustee has the power to perform discretionary acts as trustee without the consent, concurrence or direction of the beneficiaries of the trust
What is the name of the court where the trust was probated?
Kent county
What is the full name of your father-in-law? This will help me to find more information about the probate case in Kent County, Rhode Island.
Emmet behan
What is the case number for the probate of Emmet Behan's will in Kent County, Rhode Island?
We dont know
What is the name of the lawyer who is handling the trust?
My question is can my husband make a will here in florida stating that if he goes the peoperty in Rhode island is gonna go to his heir?
Yes, your husband can make a will in Florida. However, it's important to consult with a Rhode Island attorney to ensure the will is valid there.
In making a will, do we need my father's in law trust copy?
Yes, having a copy of your father-in-law's trust can help in drafting your husband's will to ensure it aligns with the terms of the trust.
I dont know why the lawyer is hesitant to give it to my husband. When my husband made it clear that he needs the documents to make a will. But he sent the amended one.
Have you tried requesting the original trust document directly from the court in Kent County, Rhode Island?
Oh i didnt know that we can. Does the court has a copy of all trust?
Yes, courts generally keep a copy of all trusts that have been filed with them. You can request a copy from the Kent County Probate Court in Rhode Island.
Can i access it online? It will become public files right, anyone can access to it?
Yes, probate records are public. You can access them online through the Kent County Probate Court's website or request a copy directly from the court.
My sister in law is dying, she has terminal cancer. And she wanted to hive her share to her husband. And my husband is ok with that. And my husband wants to make a will too that his share is going to us
What is your husband's share in the property according to the trust?
It's */*
What is the exact wording in the trust regarding the division of property between your husband and his sister?
We dont know, no one send us a copy
What steps have you taken to obtain a copy of the original trust document?
We dont have a copy
What is the name of the lawyer who is handling the trust?
I dont know, i have to ask my husband when he is home
What is the name of your sister-in-law's husband who was added to the deed?
When my sister in law amend the trust, she filed the quitclaim deed with that. And the deed says, she grant his husband as tenants by the entirety
What is the name of your sister-in-law's husband who was granted as tenants by the entirety?
It's like they own the house as couple? Isnt what's that mean?
Yes, "tenants by the entirety" means the couple owns the property together with equal rights. If one passes away, the surviving spouse becomes the sole owner.
What about my husbands share?
Does the trust document specify what happens to your husband's share if his sister passes away?
My husband called the lawyer and the lawyer told him, he owns the *%
What is the name of the lawyer who told your husband that he owns *% of the property?
I have to ask him
What is the name of your sister-in-law's husband who was added to the deed?
Andrew jones
What is the relationship between Andrew Jones and the property according to the amended trust document?
According to quitclaim as tenants by the entirety
What does the quitclaim deed specifically state about Andrew Jones' ownership of the property?
Grantee
What is the full name of your sister-in-law who granted the quitclaim deed to Andrew Jones?
Michelle jones
What is the exact wording in the quitclaim deed regarding Andrew Jones' ownership of the property?
It says my sister in law grant to andrew and michelle as tenants entirety, not as joint tenants and not as tenancy in common
What is the exact wording in the trust regarding the distribution of property upon the death of a beneficiary?
We dont have the trust
What is the name of the lawyer who is handling the trust?
I dont know yet
What is the name of the court where the trust was probated?
Kent county
What is the case number for the probate of Emmet Behan's will in Kent County, Rhode Island?
No idea
Can you provide the date when the will was probated? This might help in locating the case number.
Yes, i have more questions
Of course, Remelie. What specific questions do you have regarding the property inheritance between siblings on a trust?
As i mentioned, my husband and his sister inherited a property thats in a trust. And the sister and her husband are living in that property. They cannot afford to buy my husbands share right now. My question is, if my husband dies without a will, is his share will be automatically going to me and our daughter even without a will?
What is your location? The rules of inheritance without a will vary by state. Generally, a spouse and children are first in line to inherit.
I live in florida but the inheritance property is in rhode island
What is the current status of the trust? Is it still active or has it been dissolved?

In Rhode Island, if a person dies without a will, their spouse and children are usually the first to inherit.
Still active
What is the type of the trust? In Rhode Island, if it's a revocable trust, assets can be distributed without probate. But the specifics depend on the trust terms.
Still active since the property hasnt been distributed
What are the terms of the trust regarding distribution of assets?
*/*
What are the specific terms in the trust regarding the distribution of assets upon the death of a beneficiary?
We dont know, they didnt send any copy
Can you request a copy of the trust? It's important to understand the terms to know how assets will be distributed upon a beneficiary's death.
Where can we request it?
You can request a copy of the trust from the trustee or the attorney who drafted the trust. If they refuse, you may need to take legal action.
Its an irrevocable trust since the person made it is dead
What are the terms of the irrevocable trust regarding the distribution of assets upon the death of a beneficiary?
We dont know
In Rhode Island, the terms of an irrevocable trust dictate asset distribution. If you're unsure, it's best to consult with a local attorney. Providence County Superior Court: +* *-*-*.
We just want to know if my husband has need to have a will to ensure that in the event of his passing, his share will go to us
Does your husband have any other children or spouse from a previous relationship?

In Florida, if a person dies without a will, their spouse and children generally inherit their assets. However, the specifics can vary.
No
In Florida, if a person dies without a will, their assets are typically divided between their spouse and children. However, it's always advisable to have a will for clarity.
Our concern is that particular property in rhode island thats in a trust
What are the terms of the trust regarding the distribution of the property in Rhode Island upon the death of your husband?
We dont know
In Rhode Island, the terms of the trust dictate asset distribution. It's crucial to obtain a copy of the trust to understand its specifics. Providence County Superior Court: +* *-*-*.