Legal Question in Wills and Trusts in Virginia
Constructive Trust
I own a house I have had for 20 years. I put my mother's name on it based on legal advice that if we did joint with survivorship it was a form of a will. The lawyer told me neither of us could sell or give away a 1/2 of the house since we would be joint tenants with survivorship. I have managed the rental house as if it were solely mine collecting all rent & I paid for all expenses, repairs, mortgage payments, insurance etc during the 20 years. My mother has put 1/2 the deed to the house in a revocable trust. Is there any case law that says once a property goes into a revoccable trust that it can never be taken out? I want to sue for a constructive trust but someone told me once it goes into a trust there is case law that won't allow it to come back out. Is that true? My mother is still alive & is the sole Trustee. Secondly, are constructive trust litigations where someone can prove they paid for everything as I have, are they usually successful? Thank you for your help.
1 Answer from Attorneys
Re: Constructive Trust
A revocable trust is just that, i.e., revocable, and as far as I am aware, any assets put into such a trust can certainly be taken out and the trust dissolved.
I know of no reliable method to predict the outcome of constructive trust litigation, even with the evidence which you've referenced allegedly in possession of one of the parties to the suit.
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