executor changes will

[emerle]

What is the name of your state? Arizona

An uncle died in Arizona, left beneficiaries in IL and Fl. The executor is a beneficiary and lives in Fl. The will was very simple. Everything in trust, to be divided 5 ways, 1 niece, 3 nephews, 1 brother. One of the nephews, who is the executor, has decided that everyone should just get a portion of their inheritance and that the rest of the money should stay in trust, and that the brother should receive a monthly income from the trust for as long as he lives. Upon his demise, what is left, would be distributed to the other 4. Is this legal?

 

[BelizeBreeze]

If you hold the will up to the monitor I'll read it and give you an informed opinion.

Or, you could take a copy of the will to a probate attorney in the county where pops died for an opinion.

Get the point?

 

[Dandy Don]

Did this uncle normally reside in Arizona??

The will and the trust are 2 separate matters that will be handled separately and individually. The term executor applies only to the will, and the term trustee applies to the person in charge of managing the trust.

"Executor" can't "just decide" how the money will be divvied up--he must act in accordance with state law. Beneficiaries need to contact an Arizona trust attorney to find out if Arizona law permits beneficiaries or their attorney to request a copy of the trust (by sending the trustee a certified letter requesting such, and an accounting statement) to see exactly what the trust says about how the money will be distributed, and what do you want to bet that the executor is also named as trustee, of course!! Upon his demise, you can be almost sure that there will probably be not much of anything left to distribute to others.

Is this nephew also an attorney--seems like he persuaded this uncle to give him preferential treatment--I sure would like to have an uncle like this!

DANDY DON IN OKLAHOMA ([email protected])

 

[Peetie]

If you hold the will up to the monitor I'll read it and give you an informed opinion.

Or, you could take a copy of the will to a probate attorney in the county where pops died for an opinion.

Get the point?

Please explain the meaning and purpose of a web site called "Freeadvice.com."

 

[Dandy Don]

Is this a smart-aleck question? The purpose is listed on the home page. If the poster does not provide complete information as requested, then you can not expect to receive appropriate advice.

With a matter of such importance as you have described, you are foolish not to be visiting a local trust or probate attorney anyway to get the most relevant and financially beneficial advice.

 

[Peetie]

Is this a smart-aleck question? The purpose is listed on the home page. If the poster does not provide complete information as requested, then you can not expect to receive appropriate advice.

With a matter of such importance as you have described, you are foolish not to be visiting a local trust or probate attorney anyway to get the most relevant and financially beneficial advice.

Dandy Don,

Since your first paragraphs indicates the question was linked to the purpose of the site, I'm guessing it is meant for me.

1. Effective communication is a wonderful thing. May I suggest that in the future, you might consider stating the name of the person you are addressing, such as I have done in this response.

2. While you certainly may interprete my question as a "smart-aleck" one, I assure you it was not. If you look at my post, I quoted someone (as I did in this one) and if any post should be considered "smart-aleck" I think the quoted post is a good candidate. Yes, the original poster did not give enough information to get a helpful answer, but the response could have been worded such as "You did not provide enough information . . . etc . . " instead of the rude sarcastic one posted. While no one could give adequate legal advice based on the lack of information in the original post, they nevertheless could have offered advice on what information to post, instead of being rude and sarcastic.

That was the purpose of my post. To point out that a website called "freeadvice.com" should offer advice. Otherwise, perhaps those in power might consider renaming the site "sarcasticresponses.com" (yes, that's a smart-aleck statement).

3. Regarding your second paragraph, I don't think that is meant for me as I didn't post the original question. Since you didn't address any part of your post to anyone in particular, I'll guess I'm right and I won't address it. However, see No. 1.

 

[Dandy Don]

PEETIE--this IS addressed to you. Why would you respond to someone else's question with a question of your own that makes absolutely no sense? If you need to ask your own question at least hit the NEW POSTS button and start your own question instead of hijacking someone else's post.

Every response that answers someone's question IS freeadvice, but too bad you don't understand that a complete accurate response can not always be given if the readers don't have access to the actual legal documents mentioned.

 

[Peetie]

Dandy Don,

I truly do understand that one needs to provide accurate and full details in order to get a accurate advice. I've also noticed that giving full details does not guarantee receiving advice.

I will plead guilty to hijacking the thread, which I will stop with this post.

My original question was meant to address the rude sarcastic response to the original poster, in the hope that a better response might be forthcoming. I think that he/she could have done a much better job of relaying the fact that more facts were needed. That's all it was meant for.

 

[BelizeBreeze]

O.k. I'm going to try this again, v.....e......r......y S.....l.....o.....w.....l....y

Take the will to an attorney who can READ THE DAMN THING.

 

[emerle]

Thank you. How do I get a copy of the will and the trust? Is that public information?

 

[jarad32]

Thank you. How do I get a copy of the will and the trust? Is that public information?

Oh yes, I am sure that you can get it from the City Clerk for about a dollar a page.