What is the name of your state (only U.S. law)? CO
I'm back. The trust document says
"Trustee shall have no duty to distribute any income or principal to issue of the beneficiary during the lifetime of the beneficiary. The preservation of principal is as important as the accomplishment of these objectives."
The objectives were to provide, as the trustee sees fit to beneficiaries needs. It just doesn't seem fair that the trustee, who is also a beneficiary, gets to buy a house with the trust and I only get tuition and books paid for. I know there is not a whole lot to do about fairness, but is there any way to get courts to make her preserve the principal? I am pretty sure she plans to purchase a $1,000,000 plus house in the near future. This is after she borrowed money from the trust, while the executor was alive, to buy the current house she lives in, which is around a half million dollar house. I am pretty sure, though have not receive the accounting yet, that she is not paying back the trust for the first house. I use the term first house very loosely. There were two other houses that she used money from the trust to buy or repair. One of which she had to fix the foundation on, in CA on a hill, and another which she bought in shamble and put well over, by my estimate, $200,000 into. I think she plans to sell the house she lives in now to buy the new house. She now owns two houses and rents one out. The trust's attorney tells me that she can pretty much do whatever she wants.
Would a court rule that she does not need more than one house? My brother and myself do not own houses and make up half the beneficiaries. How would I get the courts involved if they could help my situation? Would that just waste more money? The current attorney has gotten more out of the trust than I have.
Sorry to be so long. Thanks.
Oh by the way the trust is set to be distributed to beneficiaries 35 years after executor's death. The trustee is about 65 years old. I hope there is something left for my brother and I.
I'm back. The trust document says
"Trustee shall have no duty to distribute any income or principal to issue of the beneficiary during the lifetime of the beneficiary. The preservation of principal is as important as the accomplishment of these objectives."
The objectives were to provide, as the trustee sees fit to beneficiaries needs. It just doesn't seem fair that the trustee, who is also a beneficiary, gets to buy a house with the trust and I only get tuition and books paid for. I know there is not a whole lot to do about fairness, but is there any way to get courts to make her preserve the principal? I am pretty sure she plans to purchase a $1,000,000 plus house in the near future. This is after she borrowed money from the trust, while the executor was alive, to buy the current house she lives in, which is around a half million dollar house. I am pretty sure, though have not receive the accounting yet, that she is not paying back the trust for the first house. I use the term first house very loosely. There were two other houses that she used money from the trust to buy or repair. One of which she had to fix the foundation on, in CA on a hill, and another which she bought in shamble and put well over, by my estimate, $200,000 into. I think she plans to sell the house she lives in now to buy the new house. She now owns two houses and rents one out. The trust's attorney tells me that she can pretty much do whatever she wants.
Would a court rule that she does not need more than one house? My brother and myself do not own houses and make up half the beneficiaries. How would I get the courts involved if they could help my situation? Would that just waste more money? The current attorney has gotten more out of the trust than I have.
Sorry to be so long. Thanks.
Oh by the way the trust is set to be distributed to beneficiaries 35 years after executor's death. The trustee is about 65 years old. I hope there is something left for my brother and I.
Last edited: