Legal Question in Wills and Trusts in Ohio

Re: Revocable Living Trust

I assume that you mean you are "co-trustee" of the living trust. Upon your father's death, the trust becomes irrevocable and you and your co-trustee (Stepmother) have a legal duty to manage the affairs of the trust and administer the trust according to the trust agreement. The question is two-fold, where is the situs of the trust (which state's law controls the trust) and where are the assets in the trust (not just the personal possessions that you refer to). Then, the question is, were the items of personal property ever transferred to the trust. If not, then those items will be the subject of your father's Last Will and what that Will provides, or if he had no Will, then what does state law provide, in the state where he died.

Re: Revocable Living Trust

The disposition of your father's estate is governed by the terms of the trust. If the trust says that you are entitled to these possessions, then you are. Also, as co-trustee, you are to be consulted on all transactions regarding the trust whether or not you are entitled to them, unless the trust limits your trustee powers. Since you know that you are co-trustee, were you given a copy of the trust document? If you feel the trust terms are being violated, I suggest you consult an attorney in Ohio.

Re: Revocable Living Trust

An Ohio attorney needs to answer this. If none does, consult with an estate attorney in the county of residence of the other trustee, or another Ohio estate attorney.

Good luck,

James D. Jenkins

P.S. For more law information see our blog at JenkinsLawCenter.blogspot.com