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Can Executrix set up trust for a heir?

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S

Smudges7

Guest
I have become an Executrix to my Grandmother's will. The will is written holographic (AZ law allows this), liquidating all assests, and dividing into percentages to all heirs. My Aunt, who will inherit a sizeable amount from the estate, has been found incompetent to handle this herself. Her children feel her husband, (their step-father), has made many bad financial decisions in the past and will do so with this since he handles all their finances. They will shortly be moving to New Mexico and the children all feel a trust would be the best way to go. They also feel the husband will not agree to this idea. Is there anything I, as the Executrix, can do to set something like this up for her? This money can be well used to insure her future medical problems are taken care of. No one wants to take him to court to achieve this unless there is no other way. But the fear is also, he could run with this money and leave her stranded for her children to take care of the rest of her life. In my Aunt's mental state, he is everything to her and we don't want to upset her but need to protect her future.
 


HomeGuru

Senior Member
You can do that outside of your duties as Executrix.
The formation of this new trust has nothing to do with your appointed duties with respect to your Grandmothers will.
 
S

Smudges7

Guest
So am I to understand, I can start a trust for my Aunt, then deposit her inheritance into it without causing some kind of legal problem with her husband? He is expecting this inheritance, we believe has purchased property in New Mexico soon after hearing that my Grandmother had died and my Aunt would inherit. My Aunt will go along with anything he tells her to at this point so I have to walk lightly as to not make waves but also make sure she is protected. Do I need to contact an attorney in New Mexico to try and set something up, if it is possible to do so or can I contact one in my area to handle such a thing?
Thank you for any help you can be with this.
 

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