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Distribution of Trust

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brianmarcie

Guest
Kansas. My grandfather recently passed away - he had a trust but no will. The trustee of the trust is a lawyer and the beneficiaries are his six grandchildren (including myself) as he has no living children or wife. I have the following questions regarding distribution of the trust:

1. Does the lawyer as trustee automatically become the administrator of the trust, taking care of the selling of the cars, etc., or is that something that can be done by anyone?

2. The trust inclusions are stated just as personal property valued at $40,000, and there is no mention of the house. Since the house is not included in the trust (it is paid for), and there is no will how is that settled and who has the legal right to take care of it? The lawyer has told us that the house and cars will be sold and those monies as well as the personal property divided among the beneficiaries of the trust.

3. In the provisions of the trust, it is to be distributed as follows: one-ninth to each of the six grandchildren and one third to my grandfather's second wife's adopted daughter. The adopted daughter named has stated that she does not want her share of the inheritance and has advised the lawyer of this and she is not named as beneficiary in the petition the lawyer sent to the court to become administrator. Does there need to be something in writing from her to the lawyer stating that intention, as we are concerned of her changing her mind at a later date after the monies are distributed.

Concerned in Kansas.


 


ALawyer

Senior Member
I do no know why the adopted step-granddaughter would receive anything as a matter of law, or why the attorne feels he should give her something the trust says he should not give her, but regardless, if she wants nothing, I'd get her to sign a waiver in proper form immediately as she WILL change her mind.

As to the house, if the property is not in the trust, it may be left to the trust in a pour-over will.
 

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