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Ways to Get a trust funded... any advice?

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B

Bo

Guest
My father passed away in 1994 (January) and he left part of his estate to me which was to be placed into a trust. I am supposed to receive income for my health and maintenance. To date I have not recieved anything.
My sister (who is a lawyer) and also one of the executors refuses to fund the trust based on the fact that there is a lawsuit against my father who was a doctor at New York Hospital. The lawsuit was filed against my father, New York Hospital and another doctor. The lawyer representing the estate and the hospital says that there are two multimillion dollar malpractice insurance policies that would cover any judgement if the other side won. The plaintiff's lawyers made a settlement offer for 3,000,000$ which the hospital refused. The point being that the settlement offer was far less than the 180,000,000$ in insurance that the hospital has to cover this. I have gone through two lawyers and would appreciate any advice. My sister says she is afraid that she will be sued if she pays out any money although she has already paid out money to other beneficiaries. I am wondering what a judge would say to a request to fund the trust if we point out that there is all this excess insurance.
 


ALawyer

Senior Member
Executors do have personal liabilty for their actions, but this one seems to be overly cautious and lack creativity and compassion. If 2 lawyers have already given their opinion, which was ignored, I do not know what I can add. Going to court to force your sister tostop abusing and start to exercise her discretion in a sensible manner may be the only way. At least some money can be released with a promise to repay if needed.
 

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