Can He Do This?????? !!!!!

[FLhorsewm]

What is the name of your state? Florida

My mother passsed away a month ago. My brother is executor. He has told the rest of the brothers and sisters (5 of us) that he is going to take $12, 000 of the estate and place it in a trust to be used for expenses toward a family reunion once every two years for the next twelve years. My mother left a living will that only states that her estate be divided equally between her living children. There are no specifications for the use of the money or for setting up a trust. I perfer to make my own decesions of how my portion of the money is spent. The Will also states that it cannot be contested. I am not contesting the Will but how it is dispersed. Can he do this?????? If the others want to do this and I don't , can he still take my portion?

 

[Dandy Don]

Executor can not do this, and you need to advise him that any attorney will tell him this. Has he filed the will for probate? If so, then you don't have much to worry about since the court will supervise how the money is distributed to heirs.

 

[FLhorsewm]

no probate

Florida -
As it is a living Will(trust) in Florida, probate is not required and the courts are not involved. Supposedly everthing can be sold and dispersed without any legal interference.

 

[anteater]

Florida -
As it is a living Will(trust) in Florida, probate is not required and the courts are not involved. Supposedly everthing can be sold and dispersed without any legal interference.

Well, yeah, but that does not mean that a trustee can just disregard the instructions in the trust and do what he/she wants. Better for the trustee to distribute the assets according to the trust document and ask the sibs to donate to this "Family Reunion Trust."

But you may need the big stick of an attorney to make the brother/trustee realize that he can't just decide to do stuff like this.

(Sometimes avoiding probate isn't all that it is cracked up to be.)

 

[Dandy Don]

You have confused the situation by calling the brother an executor when the term executor applies only when there is a will. He should properly be called a trustee. You have also confused the issue by using the phrase living will--a living will is a document authorizing medical steps to be taken in the event someone becomes incapacitated. A last will and testment that describes property left to others is simply called a will. It is not certain from what you have described whether there is a will and a trust, or just a will. You are stupid if you don't ask for copies of these documents.

So have you even seen a copy of the trust? The person who drafted the trust left instructions about how he/she wanted the trust money spent so it's very odd that trustee is "deciding" what he wants to do with the money--I repeat--the trustee DOES NOT HAVE THE AUTHORITY TO MAKE THAT DECISION--he must distribute the money to beneficiaries exactly as the trust instructs.

If you haven't seen a copy of the trust you need to be talking to a trust attorney to find out whether your state allows a trust beneficiary to request a copy of the trust by sending the trustee a certified letter requesting such copy of the trust and an accounting statement.

If you don't get more information about this now and stop this trustee from what his plans are, you are going to seriously regret it. There is nothing to keep him from keeping or spending the money himself and then coming up with no explanation when you all ask for your money in a few years.

DANDY DON IN OKLAHOMA ([email protected])

 

[FLhorsewm]

Doing just that

Florida - Dandy thanks for the advice however rude it is(not nice to refer to people as stupid). I have asked for a copy and an accounting (made him mad). I have seen it and it is a very simple document common in florida. Once I get the copy I will verify what it is actually called. Based on what I have heard I have plans to follow up with a lawyer and send him a written statement that I do not want to contribute to his fund and also ask for an accounting of the estate.
By the way since you are not in florida what are your qualifications for answering these questions?

 

[Dandy Don]

Now I AM authorized to use the term stupid. Why is it so hard to imagine that someone from one state could also be familiar with the law from another state, especially since state law is online now?