Legal Question in Wills and Trusts in Florida

Can I loose my home

Fifteen years ago, my dad helped me buy a home by gifting me a small down payment. We are listed as co-owners, but I have paid the mortgage, taxes & all other bills. Recently, my dad changed his living trust to a revocable trust. I was told that I am no longer the trustee. I am the only benificiary. The new trustee has no interest in my personal welfare. Although, my dad says that my home was not listed in the trust assets, can a revocable trust be written in a way that would allow the trustee to demand half of my home? Can a pour over will give the trustee the right to demand half? A year ago I became physically disabled, so loosing my home is a serious issue. How do I insure that I don't?


Asked on 2/01/05, 4:18 pm

1 Answer from Attorneys
Craig Dorne Craig M. Dorne, PA

Re: Can I loose my home

NOTE: This communication is NOT intended as and should NOT be interpreted as legal advice. Rather, it is ONLY provided FOR a general discussion of legal principles. The facts you provided DO NOT provide ALL of the details necessary to FULLY and PROPERLY respond to the question you have posed. You should NOT rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney�s individualized advice for you. By reading the Response below, you AGREE: (i) that the opinion expressed is NOT intended to be legal advice and DOES NOT constitute legal advice to you or any person reviewing such information; and (ii) DOES NOT, create any attorney-client relationship and WILL NOT be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.

If you are the sole beneficary, you are not going to loose anything. I would however think about filing a quit claim deed on the property to remove your father's interest. That would alleviate the claim of the trust to the property. However, you still need to consider the tax situation, as well as the estate planning issues. You should consult with an attorney in your area.

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Answered on 2/02/05, 9:26 am


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