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5 years ago when my mom was first diagnosed with dementia, she and I went to an attorney and had a trust drawn up. Essentially, she gave me her cabin and her brokerage account and I renamed everything to the family trust with me as the trustee. In essence, I am both the "grantor" and the "trustee" of the trust. At first my sister wanted nothing to do with it, then she convinced my mother I had stolen all her money and had her sue me and several others for a large sum of money. All the suit did was drain my mom of about $20,000 in legal fees. My mom came to live with my husband and I and was happy and very well cared for until she died in her sleep a couple of months ago. My sister visited every 6 months or so for about 15 minutes. Sometimes she would call on the phone and verbally abuse my mom-- till I would hang up on her. She is a very troubled, hateful person. My brother soaked my parents for so much money that he does not inherit. So. My problem is that now that my mom is dead I have a cabin to sell and the estate to settle. My mom died with $700 in her bank account and her personal property. Her will has me as executrix. My sister refuses to sign a paper saying I can probate the estate, so this will end up costing more than what is in her bank account.


As for the Trust, It has some cash left to be divided between me and my sister, and the cabin. About 2 years ago I had the trust amended so if my sister causes me any more grief after my mothers death, I can pull out the amendment and take the cabin. She has been horrible to me after mom died. She has accused me of "hiding" something... of being a thief. Same old stuff. She has not gotten any better, but decidedly worse. Now she refuses to sign anything. The question here is, since the trust is my trust-- as both the grantor and trustee-- do I need her signature to transfer title of the cabin to me?

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inmate21, siblings may object to the person named as executor, it is then up to the judge as to who will handle the estate.
Now, the Trust will do whatever the trust documents tell it to do. If you are the sole trustee, you carry through with the dissolution. With an attorney.
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Yes. The estate is separate from the trust. I do have the lawyer who wrote the trust amendment whom I can ask. She charges $25 for a 10 minute phone call. Cost $350 to draw up a document for my sister to sign... that my sister will not sign.... so that was money wasted. I just need to know how much input siblings get. I can dissolve the trust insomuch as I can take my share and leave my sisters in the bank... but do I need her in order to sell the cabin?
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Remember the Trust is separate from the Estate.
Get a lawyer to help dissolve the Trust.
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It is $550 to probate the estate. An additional $250 will come into play because my sister refuses to sign anything. The extra money will have to come from the trust. The trust document says essentially the trust is to discontinue on mothers death. I take that to mean as soon as all the taxes and other liabilities can be paid. I know I do not need my sisters signature to pay bills and taxes out of the trust, but do I need her signature to sell the cabin? I can see this drawing out for years if I need her to sign anything.
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You need a lawyer to look over the trust documents. How the trust dissolves is somewhere in the trust documents. How it is distributed is in the trust documents. Self-dealing is a conflict of interest, I think you know that.
The estate is totally separate from the trust. If it is only $700, defer to the judge who can appoint an independent executor for the $700.
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