Trust dispute

[andrewsflynt]

my father passed away 5 years ago. he had a living trust which stated that all of his monetary assets were to be split evenly between his three children. up to this point all assets have been spilt, including an annuity, a life insurance policy, and stocks. the remaining amount is a bank account located in the uk containing 75.000 british pounds. this account is in my dads and sisters name, she is planning a trip to the uk during the first week of april 2002. she has just informed me and my brother that she is not going to give us our share of the money. in addition it may be of importance to note that the annuity and the life insurance were also only in my sisters and dads name and she split those evenly. so i am hoping she has set a precedence herself regarding my dads intentions for all his monetary assets. the stocks were split three ways and distributed by my stepmother as they were in her and my dads name, hopefully once again establishing my dads intentions regarding his assets. if i were to hire a lawyer, would it be possible to stop my sister, or put some sort of a freeze on her ability to do anything with this account until this matter is settled? i am unfamiliar with the banking laws in the uk and would also like to know if i should consult a lawyer in the us or the uk or both. in addition the bank in the uk where the account is does not know that my father is deceased, and my sister has no intention of informing them when she goes. does this give me any leverage. please advise. thank you so much i am located in california

 

[ALawyer]

With personal property, US law usually governs. See a CA lawyer to start if that is where your father lived.

 

[advisor10]

2-28-2002

DEAR ANDREWS:

(1) Where did your father die--in the US or in England?

(2) Who is the executor of his estate, and what city/country do they live in?

(3) Who is trustee of his trust, and what city/country do they live in?

(4) Is this account mentioned in either the will or in the trust?

Before you go to the expense of hiring a lawyer, you may want to contact the bank in England (by phone or by mail) that is holding the account to find out what their policy is about releasing monies. It might be that since she is named on the account as co-owner, they might go ahead and issue her the check at her request. However, if they knew he was deceased, then there might be a requirement that only the executor or trustee could claim the money, and therefore she (your sister) would not be able to access it.

SINCERELY,

advisor