• 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.

Only I.V.Trust Beneficiary, but have HIV...probably won't last 11 years

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

D

dxjarnold

Guest
I am 34. I live in Memphis TN. My father died in Bham AL. 2 weeks ago. My intervivos trust terminates on my 45th birthday. I've had HIV for nearly 10 years. I probably won't make it to 45. If I do, won't enjoy it. Approx. 1/2 million $. The successor beneficiaries are ALSO the successor trustees (3 have resigned to date). Very distant family members (grandchildren of my grandfather's half brother). They say they may interpret his trust wishes literally. They've "convenienently" (?) decided they can't handle the work & will turnover to pro trust mgr. Thereby avoiding looking like the bad guy. I'm worth more to them dead than alive! They know the situation. Is there any case law (regardless of state) that I can use as ammo? People dying of cancer etc. that are sole beneficiaries of trust?

What should I do? I'm more than happy to share the estate with my family. I'm not stingy at all, & would love to honor them with gifts.

Thanks
 


ALawyer

Senior Member
I'm sorry, but as here there are clear contingent beneficiaries -- the 3 former trustees -- they'd have ample grounds to seek to enforce the trust.

YOU could try to strike a deal with them to split the proceeds up early -- say, for example, you get 40% now and they each get 20% now and thus they don't have to wait until you die to enjoy some of the money (20% now is better than 33-1/3rd later) and you don't have to hope you make it 11 years more and can enjoy some now.

My question is what happens to the income until you turn 45? Also, remember the problem is that your father created these provisions in his Will for reasons that I can't guess at. That was HIS right as it was HIS money. Living long is the best revenge.
 

Find the Right Lawyer for Your Legal Issue!

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