Legal Question in Wills and Trusts in Indiana
Living trust
My Mother has a living trust, which holds title to her home. A couple of years ago she started gifting a % of the home (not the trust) to my brother & sister. She is now having trouble paying the taxes and maintenance on the home. She tried to get a reverse mortgage, but can't because of my siblings being on the title--they are not willing to remove themselves from the title. Is there anything she can do? She did not realize that by gifting a % of her home would cause her to loose control of it.
1 Answer from Attorneys
Re: Living trust
Your mother needs to confer with a real lawyer about how to extricate herself from this predicament. Or she could gather her own strength and advise her ungrateful children that if they fail to return the interest she so graciously, if foolishly, gave them, then she will disinherit them from all further gifts. Do you think your mother could do something like that? If she gave a portion of property away by a deed, then she had to have done it in writing and it would have been notarized. So the idea that she didn't realize what she was doing is going to be hard to prove. She might have been conducting a scheme to avoid a Medicaid lien. But in any event, good luck.
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