Legal Question in Wills and Trusts in Massachusetts
Daughters Trust Fund
I am the daughter whose parents bought me a house in FL worth $40,000 in my name and paid cash. I remortgaged house for $30,000 and put husbands name on it. We had problems with repaying mortage. House was close to foreclosure --- Brother in law kept Husband and Wife apart by intervenning phone calls. My husband and I was separated for short period of time. At the time, Husband in FL and Wife in MA. Brother in law stepped in and deceived his brother by saying wife wanted nothing to do with house. Same scenario for wife. Both husband and wife signed the ''Quick Deed'' on 2 different days. Stipulation --- trust fund ON HIS WORD was to be set up for $5,000. ea (rest of equitability from the home) was to be set up for our girls who was 2 at the time. Now the girls are 21 and 20. Brother in law admitted to girls in Nov. 2006 that trust fund was to be set up but never done. When both girls reached 21 trust fund was to be given to them. Do the parents of the girls have recourse against brother in law and his wife? Happily married now for 25 years.
1 Answer from Attorneys
Re: Daughters Trust Fund
It sounds like both the parents and the daughters may have a claim that the Brother-in-Law has created a "constructive trust" by fraudulently claiming that he would act in exchange for title to the property.
Without knowing more facts, my guess is that the jurisdiction for the case would be in Florida, since that is where the real estate is located -- contact a good litigator for further review and advice.
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