My husband created an irrevocable trust,although I did not sign the trust he has stated on real estate forms I'm an owner am I

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My ex husband soon to be created an irrevocable trust for our sons, although I did not sign the trust, he stated on a real estate for to the mortgage company that I am an owner--am I an owner or is that considered fraud.

Attorney Answers

2
Charles Mcwilliams ·
There is no such thing as an "owner" of an irrevocable trust - the relevant parties are the Grantor, Trustee and Beneficiaries. With regard to real estate contributed to the trust, it may be that you are - or were - an owner of the real property for tax purposes, and there are valid reasons for doing this, but they are beyond the scope of this short discussion. Irrevocable trusts can get very complicated, so I strongly encourage you to get with an experienced attorney and have them review the documents to ensure there are no problems. NOTE: If you find this response helpful, please click on the “thumbs up” button at the bottom. DISCLAIMER: THE INFORMATION PRESENTED HERE IS GENERAL IN NATURE AND IS NOT INTENDED, NOR SHOULD IT BE CONSTRUED, AS LEGAL ADVICE. THIS POSTING DOES NOT CREATE ANY ATTORNEY-CLIENT RELATIONSHIP BETWEEN US. FOR SPECIFIC ADVICE ABOUT YOUR PARTICULAR SITUATION, CONSULT A QUALIFIED ATTORNEY.
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Mark Ziebold ·
Your question needs more clarification. When you say "owner" did he place on the form that you were the title holder as the Trustee of the Irrevocable Trust or that you were the former owner of the real property. Another issue is that even if the irrevocable trust was formed for your children, you have not indicated that the real property was conveyed or transferred to the Trustee of the Irrevocable Trust. I suggest that you seek out a trust attorney in your jurisdiction that can answer these questions for you regarding the trust and what is held by the trust. After you have that answer, you can determine if the mortgage form was filled out properly or not.
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