My question involves estate proceedings in the state of: Indiana
My 2 sisters' and I own real estate jointly with it being split 3 ways, then to 2 (if one dies), then to 1.
Oldest sister's husband had her sign a trust document under duress, (she is disabled and he is her caregiver and told her he would not give her care if she didn't) that put this property and a joint checking account that her and I have (to maintain the property) into the Trust. I told her not to sign but she felt that she had to.
My question is, 1) is this legal because of the way the deed for the property is worded? 2) Can he legally put the joint checking account in the Trust without MY signature? 3) How can we get the property out of the Trust?
He is setting up documents so if she has to go into a nursing home (or he puts her in a nursing home), so he won't lose his house and 5 vehicles (2 Cadillacs, 1 Corvette, 1 64 Pontiac GTO, and one Suburban). Money is his main concern, not her. She is terrified to leave him or disagree with him. When she first told him she would not sign, he refused to feed her for 2 days. We took food to her but she will not leave. He also had her sign some type of document about going into a nursing home when he felt it was right and had him to be her Power of Attorney and Health Care Power of Attorney when she did not want him to.
If she does have to go into a nursing home, he wants to put her on Medicaid. 4) If he puts her on Medicaid, what happens to the house that we 3 sisters own? One sister and her family are living there. He refuses to let her or any of us see the documents he made her sign. 5) If it has to do with our property, is that legal?
He told her that neither we or an attorney of her choice can see them. And it had to be signed now.
Thanks.
My 2 sisters' and I own real estate jointly with it being split 3 ways, then to 2 (if one dies), then to 1.
Oldest sister's husband had her sign a trust document under duress, (she is disabled and he is her caregiver and told her he would not give her care if she didn't) that put this property and a joint checking account that her and I have (to maintain the property) into the Trust. I told her not to sign but she felt that she had to.
My question is, 1) is this legal because of the way the deed for the property is worded? 2) Can he legally put the joint checking account in the Trust without MY signature? 3) How can we get the property out of the Trust?
He is setting up documents so if she has to go into a nursing home (or he puts her in a nursing home), so he won't lose his house and 5 vehicles (2 Cadillacs, 1 Corvette, 1 64 Pontiac GTO, and one Suburban). Money is his main concern, not her. She is terrified to leave him or disagree with him. When she first told him she would not sign, he refused to feed her for 2 days. We took food to her but she will not leave. He also had her sign some type of document about going into a nursing home when he felt it was right and had him to be her Power of Attorney and Health Care Power of Attorney when she did not want him to.
If she does have to go into a nursing home, he wants to put her on Medicaid. 4) If he puts her on Medicaid, what happens to the house that we 3 sisters own? One sister and her family are living there. He refuses to let her or any of us see the documents he made her sign. 5) If it has to do with our property, is that legal?
He told her that neither we or an attorney of her choice can see them. And it had to be signed now.
Thanks.
Trusts: Can One Joint Owner's Share of Property be Placed in a Trust
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