• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Message for BUTTERBLOOM--Will Interpretation and Last Verbal Wishes

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

Dandy Don

Senior Member
What is the name of your state? FLORIDA

Butterbloom, you had a question about your father's last verbal wishes and his giving your brother permission in a will to create a trust. Your situation was so unique that it cries out for professional advice.

You forgot to mention whether your father had the assistance of an attorney or not when he originally drafted his first will. Father made a big mistake in leaving it up to brother to create a trust after his own death--father should have created the trust while he was alive.

Are there any assets mentioned in the will that are not in the trust or were all assets put into the trust? What is the value of the trust? After you get the trust you should be consulting your OWN trust attorney to find out if the provision allowing your brother to be trustee is legal in your state (do NOT consult the estate attorney about this because he was hired by your brother and may be partial to him and may not give you the complete truth) and also find out if the definition of "lineal descendants" would include you and your brother or whether it would refer only to your children and to your brother's children.

Certainly will be interesting to see exactly what trust document your brother and the attorney come up with and who will be listed as beneficiaries.

DANDY DON IN OKLAHOMA ([email protected])
 



Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top