Trust Money

[shot_glass_girl]

My jurisdiction is: California

I want to purchase a mobile home in CA with money my father left me in his will/trust. My brother is the self-appointed executor who plans to keep all of my money and trickle it down to me when he sees fit. My brother is very controlling and over bearing person. He feels my husband will leave me if I get all the money at one time and has never got along with my husband. My husband and I have been together for 15 years and married for 9 and have a wonderful loving marriage.

He says he will have the trust write the check to the seller in stead of writing me the check paying the seller from my own money. My husband does not want to have him as owner or have any legal rights to the mobile home and feels if this is done this way, he would have rights to the mobile home. Is he right?

 

[dee_dub]

Not necessarily. It doesn't matter who pays the purchase price, it matters who the mobile home is transferred to. So long as its transferred to your name, the trust will not be the owner.

The executor of the trust acquires no rights in property purchased with the trust funds, regardless of whether the property is transferred to you or to the trust.

I'm not sure whether California law allows this, but you might want to look into whether you can "collapse the trust" and take the funds free and clear.