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Trusts & Estates Law/Recerse Mortgage in Revocable Trust

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I have been my mother's sole caregiver the past few years and we have resided in her residence.  My sister talked my mother into getting a reverse mortgage some years ago.  My dear mother died this morning.  The reverse mortgage company says I have 12 months from the date of death before I need to turn over the house to them.  My siblings want me out and my crummy brother was given Power of Attorney to handle the distribution of the trust.  Can he throw me out of our house?  More importantly, do I have to let him in.  I'm so tired of him disrespecting me and mother.  I changed the deadbolt the other day which made my brother very angry.  this morning while i was with my mother at the home, my brother and sister came over and since I had been in a hurry and didn't lock the deadbolt or set the alarm, they came right on in, took all the crystal, financial papers, jewelry and who knows what else.  They've already ransacked the house while mother was still alive taking things back they had previously given her in anticipation of her death.  I can't stand the disrespect.  They've taken about all they can or want already, do i have to let them in since it's now my house with a  lot of my things in it?

Answer
Dear Susan,

Sorry to hear about your mom. In order to answer your question you should really ask a local attorney.  I am happy to give my opinion but I would need to know a few things.

You mention a trust, what is in the trust?  Why kind of trust?  What is in the trust?  Do you have a copy of it?

A power of a attorney and trustee are very different.  A power of attorney ceases at ones death.  So what is your brother empowered to do?

Without reading the will or trust it is impossible to say whether your siblings have done anything illegal.  Whether you can be kicked out is a function of who the house belongs to which again is not clear from your email.  

Lastly the reverse mortgage co. does not "get the house back".  You simply have 12 mos to sell or refinance it but the equity that is left belongs to someone.

I can give you my opinion but I would need a copy of all her documents.  You should consider contacting an attorney.  One visit or phone call with not cost that much.

Regards,

David

Trusts & Estates Law

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David Disraeli

Expertise

I can answer general questions about estate planning and trusts. I can also answer questions about estate tax reduction and advanced charitable giving, family partnerships and asset protection. I may have already answered your question here: www.lifeplanblog.com or here www.pcfo.net

Experience

I have worked for 24 years with clients and their attorneys to formulate estate plans to meet client goals. I have found many mistakes made by client attorneys and were able to have them corrected. I focus on making sure that beneficiaries are protected from current or future spouses and lawsuits so the wealth stays in the family. I have also published a book on Aging Parents which can be found on Amazon https://www.amazon.com/dp/B003VP9WTG

Organizations
President and founder of The Personal CFO Inc.

Publications
www.pcfo.net www.lifeplanblog.com

Education/Credentials
Certified Financial Planner 1994

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