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  1. #1

    Default Can a Trust Be Broken if We Do Nothing

    My question involves estate proceedings in the state of: WV

    There is a trust created and signed by my husband's mother and her sister (my husband's aunt), regarding a piece of land inherited from grandmother. This was created so that all children and grandchildren can enjoy this land (there is a cabin on it) and nothing can be done with the land until all the grandchildren are grown. The executors and the kids can opt out of trust, but cannot dissolve the trust. MIL and the aunt are executors. When cannot do their duties, it is written their children become the executors. My husband's aunt changed her mind and is suing to dissolve the trust. She has made it very difficult for MIL, aunt will not agree on even basic repairs to property and will not make provisions to pay property taxes (think MIL paid taxes last year). As my MIL was tired of fighting her, agreed. If the trust is dissolved it would revert back to original will, where each daughter receives 50/50 the property. That's when they found out they couldn't dissolve the trust without all the children's agreement. The aunt's children will agree with what she wants. My husband's siblings want to do what will make my MIL most happy. However my husband (and I) feel it is best to keep the trust. MIL wants my husband to write a letter of his intentions. He verbally told his intentions (wants to keep the trust). However she also wants him to write his 2nd and 3rd choices. If he did that, could she then override his first choice and dissolve the trust? And does he even need to write a letter? She has assigned a lawyer to represent us and our children, but we have never even spoken to him.

  2. #2
    Join Date
    Sep 2005
    Behind a Desk

    Default Re: Can a Trust Be Broken if We Do Nothing

    If you have a lawyer "assigned" to represent you, whatever that means, why not call the lawyer?

    What type of trust are we talking about?

    I am skeptical that if your husband wrote a letter, "I oppose dissolving the trust; but if I were to change my mind I would first prefer option X and second option Y", would have any legal significance beyond his initial expression of opposition. But even if I had full information about the trust, I can't tell you the legal significance of a letter that hasn't even been written.

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