milehightrustee
Junior Member
What is the name of your state (only U.S. law)? Colorado
I am the Trustee of a Living Trust for a gentleman I have known my entire life. He was like a father to me. He is 86 years old now and living in an Assisted Living Facility. He was diagnosed with Alzheimers two years ago. His physical health is not good but he is maintaining. He is probably about to cross the line of needing to be put in a facility with more care. I am also his POA and the Agent on his AHCD. I have listed three other people whom I trust as Successor Trustees in case I can no longer act in that capacity.
The Trust is funded with money and real property. The property is worth about 1.5 million and the money is sufficient to take care of him the rest of his life. I have an accounting firm that manages the money portion for me. They invest it, and they also take in the income and pay the bills. This is my way of having an accounting of every penny earned and every penny spent.
This man has been single his entire life. He has one brother who has a wife and two children. The brothers have never gotten along since the death of their father in the mid sixties. These people are his only surviving family. The disposition of the Trust is only known by myself and the Trust Attorney. The Trustor no longer has a clue what his Trust entails. He had it all done 10 years ago. I believe the reason he put me in control of his estate was because he knows that I do not let people push me around and also because of his feelings of mistrust of his brother and family. I was originally the successor trustee for the first seven years but when he needed to go live in a care facility he resigned as his own Trustee and I took over at that time.
The family, is very difficult to deal with. They are very upset that I control the estate. They want control. At one time just before I had taken over the brother had attempted to use a third party to gain control of the brother and take his property. I put a stop to that and in the process I became an enemy of that family.
The family assumes they are getting nothing when the Trustor passes and they want the property so bad I believe they would stop at nothing to make that happen. The estate is divided among 5 people. Two of them are the brothers children. They do not know this and are not privileged to know this at this time. However, the two want everything and think they deserve it. My job is to carry out the terms of the Trust and do what is in the best interests of all the Beneficiaries which is what will be done. As long at the Trustor is alive he is the Beneficiary and all efforts are for his benefit.
The two children of the brother, under the brothers constant orders, have been going in to visit the Trustor in his room a number of times this past month. They never even went to see him or had any contact with him at Thanksgiving or Christmas. They have been drilling him about his Will of which he knows nothing now. He told me the other day that there was going to be an attorney coming in to see him so that he could sign a Will. I tried to put his mind at ease and tell him that he has already done that and he did not need to worry about it. They have been brutal with him over this issue.
My two questions are, is there a way to legally keep these two away from him? They have one agenda and it is not to just visit with their Uncle. If they were successful in having him sign another Will and Living Trust by obtaining an unscrupulous attorney or an attorney who just does not know that a current Will and Trust exist, would that constitute a "Contest" of this currrent Trust? There is a "no contest" clause in this trust that is worded very specific and the Trustee "myself" is authorized to defend this trust at the expense of the Trust Estate.
Bottom line, this family is without a doubt the greediest, controlling, absolutely disgusting group of people I have ever encountered in my life.
I am just posting this to get some ideas, some legal ideas on what I might be able to do to shut this family down and keep them from continually going in and upsetting this nice man who is totally innocent and defenseless against them.
Thank you.
I am the Trustee of a Living Trust for a gentleman I have known my entire life. He was like a father to me. He is 86 years old now and living in an Assisted Living Facility. He was diagnosed with Alzheimers two years ago. His physical health is not good but he is maintaining. He is probably about to cross the line of needing to be put in a facility with more care. I am also his POA and the Agent on his AHCD. I have listed three other people whom I trust as Successor Trustees in case I can no longer act in that capacity.
The Trust is funded with money and real property. The property is worth about 1.5 million and the money is sufficient to take care of him the rest of his life. I have an accounting firm that manages the money portion for me. They invest it, and they also take in the income and pay the bills. This is my way of having an accounting of every penny earned and every penny spent.
This man has been single his entire life. He has one brother who has a wife and two children. The brothers have never gotten along since the death of their father in the mid sixties. These people are his only surviving family. The disposition of the Trust is only known by myself and the Trust Attorney. The Trustor no longer has a clue what his Trust entails. He had it all done 10 years ago. I believe the reason he put me in control of his estate was because he knows that I do not let people push me around and also because of his feelings of mistrust of his brother and family. I was originally the successor trustee for the first seven years but when he needed to go live in a care facility he resigned as his own Trustee and I took over at that time.
The family, is very difficult to deal with. They are very upset that I control the estate. They want control. At one time just before I had taken over the brother had attempted to use a third party to gain control of the brother and take his property. I put a stop to that and in the process I became an enemy of that family.
The family assumes they are getting nothing when the Trustor passes and they want the property so bad I believe they would stop at nothing to make that happen. The estate is divided among 5 people. Two of them are the brothers children. They do not know this and are not privileged to know this at this time. However, the two want everything and think they deserve it. My job is to carry out the terms of the Trust and do what is in the best interests of all the Beneficiaries which is what will be done. As long at the Trustor is alive he is the Beneficiary and all efforts are for his benefit.
The two children of the brother, under the brothers constant orders, have been going in to visit the Trustor in his room a number of times this past month. They never even went to see him or had any contact with him at Thanksgiving or Christmas. They have been drilling him about his Will of which he knows nothing now. He told me the other day that there was going to be an attorney coming in to see him so that he could sign a Will. I tried to put his mind at ease and tell him that he has already done that and he did not need to worry about it. They have been brutal with him over this issue.
My two questions are, is there a way to legally keep these two away from him? They have one agenda and it is not to just visit with their Uncle. If they were successful in having him sign another Will and Living Trust by obtaining an unscrupulous attorney or an attorney who just does not know that a current Will and Trust exist, would that constitute a "Contest" of this currrent Trust? There is a "no contest" clause in this trust that is worded very specific and the Trustee "myself" is authorized to defend this trust at the expense of the Trust Estate.
Bottom line, this family is without a doubt the greediest, controlling, absolutely disgusting group of people I have ever encountered in my life.
I am just posting this to get some ideas, some legal ideas on what I might be able to do to shut this family down and keep them from continually going in and upsetting this nice man who is totally innocent and defenseless against them.
Thank you.