dad what did you do????

[oneson1118]

What is the name of your state? CA
My father passed away January 26th and left a living trust naming my younger brother (his real son, I am a stepson) as trustee. My wife and I found out we were expecting a child previously and about a month after the death had settled on a name, which we later learned was similar to what my brother's wife wanted to name her daughter (if and when she had one). Further, she stated that we had picked the name to spite her and she expressed her anger vehemently. After that incident we had no further contact with the sister-in-law, but continued to see and deal with my brother on a daily basis as I employ him in my business. Occasionally, from time to time I would ask my brother about the progress he was having with the trust attorney and the paperwork he was having to go through. It took awhile but I began to see that I was getting little or no real information from my brother. Then after 3 mos. I was talking to my wife's brother (who happens to live with my brother) and he informed me that they (my brother and his wife) were waiting to see what I named the baby before they pushed the trust forward. I am wondering if I have any grounds to break the trust as I am very sure that I do not want people who would engage in tactics of this sort in charge of my part of the trust. Thank you in advance for any advice you may be able to give me.

 

[BelizeBreeze]

What is the name of your state? CA
My father passed away January 26th and left a living trust naming my younger brother (his real son, I am a stepson) as trustee. My wife and I found out we were expecting a child previously and about a month after the death had settled on a name, which we later learned was similar to what my brother's wife wanted to name her daughter (if and when she had one). Further, she stated that we had picked the name to spite her and she expressed her anger vehemently. After that incident we had no further contact with the sister-in-law, but continued to see and deal with my brother on a daily basis as I employ him in my business. Occasionally, from time to time I would ask my brother about the progress he was having with the trust attorney and the paperwork he was having to go through. It took awhile but I began to see that I was getting little or no real information from my brother. Then after 3 mos. I was talking to my wife's brother (who happens to live with my brother) and he informed me that they (my brother and his wife) were waiting to see what I named the baby before they pushed the trust forward. I am wondering if I have any grounds to break the trust as I am very sure that I do not want people who would engage in tactics of this sort in charge of my part of the trust. Thank you in advance for any advice you may be able to give me.

And what did YOUR attorney tell you to do????
(that's a hint)

 

[Dandy Don]

You have the right as a trust beneficiary to send the trustee a certified letter requesting a copy of the trust and an accounting statement. So that the trustee will be less likely to ignore your request, it would greatly help if you hired the services of a trust attorney (for consultation only) and ask him to use his letterhead stationery to request a copy of the trust on your behalf, which the trustee might tend to regard more seriously, enough to actually comply.

Seems as if brother trustee is being deliberately spiteful and intentionally stalling, but his excuse is BS. How silly are they being for not realizing that there are hundreds of people in the US who may have the same name and it's the date of birth and other factors that make them separate individuals--it's a free country and anyone has the right to do that. The trust is supposed to be activated not long after the death occurs, and 3 months is a bit too long.

DANDY DON IN OKLAHOMA ([email protected])

 

[oneson1118]

I believe I get the "hint", and I have an appointment for a consult. Thank you for that advice, getting confirmation that you are doing one thing right always makes a person feel better. Dandy Don, thank you for your response as well, what really sucks about it is I went to war with my wife over the name (to keep from having bad feelings in the family), and before I was certain I had "won" my wife over, this all happened. Consequently, I have no faith in my brother doing his job as the trustee in a righteous manner. I had another question though, but here is some more background first. My father put his house in the trust (by the way I do have a copy of the trust), and he gave my brother "first right of residence". If my brother declines to reside there, I get "second right of residence".If neither of us wants to live there we can sell it and split the money, outside of the trust as I read it. My question is this, if we do dissolve the trust, would my brother get the house outright, or would it have to be split up as well?