Personal Representative Taking Funds

[eClicker]

Washington (only U.S. law)?

Hello,

My father passed away in August. My mother is named Personal Representative and I am named Trustee.
My father has 450,000.00 in a VanGuard account that is suppose to go into a trust created by the Will where only the income from the 450,000.00 is to be paid to my mom by the trust.

However because my mom is the Personal Representative she is going to take the 450,000.00 and defer it to her own personal account and the funds will not be placed in the trust as required in the will.

Since I'm only the Trustee I have no legal authority to place the 450,000.00 in the trust as my dad wanted.

Vanguard will allow my mother to do whatever she wants with the 450,000.00 as long as we provide the letters of testmentary prooving shes the personal rep.

Isn't a Personal Rep held to some legal standard to carry out the decedent's directions per the will?

Thank you.

 

[latigo]

Washington (only U.S. law)?

Hello,

My father passed away in August. My mother is named Personal Representative and I am named Trustee.
My father has 450,000.00 in a VanGuard account that is suppose to go into a trust created by the Will where only the income from the 450,000.00 is to be paid to my mom by the trust.

However because my mom is the Personal Representative she is going to take the 450,000.00 and defer it to her own personal account and the funds will not be placed in the trust as required in the will.

Since I'm only the Trustee I have no legal authority to place the 450,000.00 in the trust as my dad wanted.

Vanguard will allow my mother to do whatever she wants with the 450,000.00 as long as we provide the letters of testmentary prooving shes the personal rep.

Isn't a Personal Rep held to some legal standard to carry out the decedent's directions per the will?

Thank you.

Of course the PR is charged with the responsibility of seeing that the decedent will is executed as it directs. What other purpose would such offices have?

But as the designated trustee under the testamentary trust why are you not consulting with an attorney rather than seeking answers from total strangers?

A degree of responsibility rests on your shoulders as well as upon the PR's, if not a legal duty at this point, at least a moral obligation. Obviously your father felt that you were trustworthy and capable of taking on that responsibility.

So take it and speak with your attorney and do what is necessary to safeguard the rights of the beneficiaries and see that his wishes are fulfilled.

I’m sure you are torn between doing what is right and offending mother, but you are apparently the only one available to step up on dad’s behalf. Just do it and be proud of it.

 

[curb1]

Who was the beneficiary listed on the Vanguard account? Was it your mother? Or, was it the trust?

 

[anteater]

Who was the beneficiary listed on the Vanguard account? Was it your mother? Or, was it the trust?

Or "None of the above."

 

[curb1]

I apologize for leading the witness.