Why would my step-father now create an affidavit for a property already included in a trust?

1 answer | Last updated: Sep 17, 2016
A fellow caregiver asked...

My step-father and mother had a living trust. My mother passed away a few years ago. Most of their properties and assets were in the living trust except for a few small items. My question is why would my step-father now create an affidavit for a property already included in a trust? All the beneficiaries listed in the trust are still alive.


Expert Answers

You want to know why your step-father would create an affidavit for property already included in a trust. I cannot tell you why. I do not know what type of affidavit he prepared. Nor can I speculate on why he did so. Most importantly, I do not know the terms of the trust. I do not know if your step-father has legal control over any, or all, of the trust property.

I suggest you review the trust document carefully, with an attorney if need be, to determine both the rights of your step-father under the trust, and the rights of the (other) beneficiaries.