Blind Trust

Blind Trust

Before my mother died, My brother was left a house. It was put into a blind trust where my sister and I are trustees. There is no mention on the deed that the proceeds were to go to my brothers special needs trust but a unrecorded piece of paper when the will was filed shows it. After the will has been probated, who could say I couldn't keep it?


The issue of a "blind trust" in this context is not clear. It could possibly refer to a trust which the beneficiary is not to be informed of the details about For example, in some state laws the trust agreement can limit the right of the beneficiaries to information about the trust. Some states will not permit this.

Its not clear that the phrase "blind trust" even if defined, is the solution to the issues you face. If your brother was left the house the deed for the house could have been titled in a manner that would have it pass on your mother's death to the trust, or her will could have bequeathed the house to the trust on her death. It's not clear from your question exactly what the facts are. Its not clear what the unrecorded piece of paper is or was and how that impacted the transfer of the house. If that paper was sufficient under your state's laws to transfer the house to your brother's trust, then the transfer would have to be made, but you really need a local real estate attorney to address it.

To summarize, the facts are too unclear to conclude anything (so you really need to consult a local attorney), but it could be that any one of the following items, or some combination of them, will determine the distribution of the house:

  • Mother's will
  • Deed/title to the house
  • Unrecorded paper
  • Intestacy laws (the laws of your state that govern distribution of some one's assets when there is no will

Even the above may not be correct, as you indicate that your brother was "left" the house while your mother was alive If that is so, then the house may have been transferred before her death and your mother's will and your state's intestacy law would then be irrelevant. If the house was to have been transferred before death, something had to be done that would, under your state's laws, result in the transfer of the house.

Sorry, but you really need to consult an attorney and try to sort out the facts.

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