My father passed away 4mos. ago and I'm still living in the house The trust was ended 8-14-07.?
The attorney suggested this, because the only thing left to deal with was the house. This was always the only thing. My sister's said no more money was to come out of my dad's account, except for the house taxes and medical bills. After these things are taken care of, then the rest of the money would be divided up between us four beneficaries. Utilities are being taken out of his name and put in my name. Is there a certain criteria in which they need to follow to order me to do this, like a court document, or does a type written letter from them make this legal? Do they need to have the letter notoraized? The letter had the date on it and only (1) beneficary signed it, with her first name only, or do all three need to sign They mentioned that it I did'nt cooperate the three of them would get a lawyer to file a eviction , but that choice was up to me. I look forward to hearing from you. Thank you TF
Answers:
This is a matter for an attorney. Who has title to the house at this point?
Usually a written letter between the parties is NOT good enough to secure the property. The changes if any must be registered with the county. The person or entity on the title has ownership.
What were the provisions of the trust? If it was an A B trust, what does the trust say happens to the property after A and B are deceased?
Why are you in the house? Is the house to be sold and divided among you four? If yes, then you need to move out or if you are staying there until that happens you need to pay the utility bills and any rent or mortgage payments associated with the house. Your other siblings aren't living there and your father has passed therefore, you are responsible. They do not need to carry your weight.
Why are you creating an issue that would force your siblings to have to evict you or take action against you?
You need to discuss this with the attorney, who should be protecting the Estate and the beneficiaries. If the utility bill is put in your name, you will be responsible for them. All of the beneficiaries should be included in any agreement, and all should sign - a Notarized document is good, but the attorney could draft a proper legal document for you, detailing all of the provisions and the agreed course of action for everyone. The paper you now have is useless.
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