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Can executrix freeze trust account?

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S

ShaClark

Guest
What is the name of your state? tn
motherinlaw passed Dec 16,2001.Named 2 youngest siblings as co executors.Will stated my husband was to have 200 thousand deposited with them as trustees to be administered 2,000 mo.What about iterest?Also he received no paperwork and he has atm card t retrieve 4some odd dollars every week.Her idea,his sister.He started getting his fnds over a year ago and now because he refused to signof she has frozenhis trust account all he wanted was an accounting.plus hs fourth of the house.Also motherinlaw had vocal cancer coud not talk for over 2 years before her death.The son other one had been running the family business.
These 2 have been signing her personal checks for years before she died.She was an alcoholic.Codicile was added 6 months before death.All forms are book store leaving all personal property tothese 2.The witneesses were his bookkeepers.She could not talk and her writing was almst unlegible.Does this sound legal and can we have his sister removed from his trust as this is just er way to show her authority to he 50 year old brother.Reason for trust was to keep ex wife from collecting lump sum child support which he is paying anyway.Please help as this estate is set for court next month .There are political ties so attorney from here is impossible
 


Dandy Don

Senior Member
There is enough reason for suspicion here that something improper may have occurred that your husband needs to be talking to a probate attorney to find out whether he should be contesting this will and also finding out whether he has the right to request a copy of the trust (IF there is an actual trust) from the sister (she could possibly be a trustee in addition to being executor) by sending her a certified letter requesting a copy of the trust and accounting information.

If you don't want to find an attorney in the same city where the estate is being probated, then find one in another city that is within the same county. You would be foolish not to have the advice of an attorney in this probate matter. Another thing that looks odd--why is the estate coming up for probate NOW after almost 2 years have passed? That is very odd and it has probably given them time to steal from the estate.

You didn't say how much money he is receiving--is he getting the $2,000 per month or not?

Sister may have gotten power of attorney from her mother which might give her legal authority to make business decisions, but the forms could have been filled out improperly, or the codicil may have been done incorrectly, and mother may have been under influence of medications that could have affected her judgement and therefore your husband would have valid grounds to contest if they gave her these forms at the same dates she was taking medication, but only an attorney can evaluate the will and the codicil to see if they are good or not.

You also did not explain what your husband refused to "sign off on". It is also very odd that she would freeze an account. Your attorney needs to find out what is going on here.

DANDY DON IN OKLAHOMA ([email protected]
 
S

ShaClark

Guest
frozen trust account

My husband had been receiving his money since April 2002.However when he was handed papers to sign off that he had received all of his bequeaths which was the trust and 30 some odd thousand for sale of his protion of the house.This had not happened yet so he didnt sign .However his brother was given the family business and no monies other that his 4 of the house.But it said he was given store monies.Also the codicile that left all pesonal belongings to the other 2 they valued at fifteen Hundred.The house was filled with antiques and her jewelry was in the tens of thousands.She stopped his trust money froze it because he asked questions.We eve have this on a cell phone message.Can we have her removed as the trustee.Our problem is she is former cop and huband former police chief so they are known everywhere.The Novemer date is the date the court set for a show reason why she has not closed an estate opened in January of 2002.Thanks for prevus anf future help.Im have talked toattorneys all momrning and have yet to find one who has not had business dealings with her.She also owns a real estate agency
 

Dandy Don

Senior Member
You can't get her removed as trustee until you come up with specific documented evidence that wrongdoing has occurred.

Try finding a probate attorney in some other city in the same county--surely she can't have had contact with every attorney in the county.

Your husband was right not to sign off on something that was not true. It looks very strongly like she is hiding something. Find out from the probate court clerk's office whether an executor's bond or trustee's bond was filed on this estate.
 
S

ShaClark

Guest
frozen account

Would her stopping his trust money after
20 months not be construded as interference and wrong doing.Actually she froze the account and I am now checking attorneys in Nashville.However with his money frozen he has no assets.
The heirs all signed off as no bond required.I did not know this till to late.Also estate tax was paid o 200 thousand ,which is his trust.had the truth been told the estate was worth well over the 700 some odd thousand taxes were paid on
 

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