Unfair?

[John125]

What is the name of your state? MN.

My uncle died recently and I am listed as trustee of his estate. He has two sons. Son #1 is left a sizeable amount of money while son #2 is left $1. Son #2 had had substance abuse problems in the past when the trust was created several years ago. He now appears to be straightened out and leading a good life. The balance of the estate (over 1 million dollars) goes to a specific charity. Must I follow the wishes of the trust or can a monitary amount go to son #2? Thank you.

 

[nextwife]

Let me tell you a story: I had a cousin who had a substance abuse problem. During his life, he constantly needed financial bailouts because he couldn't pay his rent, CS, whatever, And his dad put him through rehab twice. In the meantime, the other children grew up, got jobs and paid their own ways. When my uncle died, he left nothing for the one son. Why? Because he believed his son had already received more than his share of his inheritance DURING his lifetime, and that it would be unfair to the other kids who didn't constantly get money from dad to have their brother now take an equal share - when he'd already received his fair share of dad's money while dad was alive.

My point is that you cannot possibly know what financial assistance dad provided while alive, or why dad decided as he did. You have no legal right to second guess his wishes.

A parent is NOT required to leave their money to their kids. They have every legal right to make a large contribution to charity. And that is whether or whether or not their heirs have a substance abuse problem, or are and have always been clean.

You are required to distribute in accordance with the decedent's will or trust, unless a court has ruled otherwise for some reason..

 

[tranquility]

I'm not going to talk of fairness, because I don't care if it is fair or not. By statute and decision, you are required to notify all beneficiaries they have rights when they accrue. (As on the death of a testator.) For you to favor one beneficiary over another is a breach of your fiduciary duty of fair dealing. Actually giving substantial assest to one which belong to another would be another breach. In each case you would be liable for the breach and, in my state, for a breach this serious and obvious you would be liable for three times damages. Who would complain? The charity who would rightly be cheesed at you taking money from the mouths of starving children (or whatever their purpose) because you think it should go to someone else.

Trustees are trusted to follow the trust.

 

[BelizeBreeze]

What is the name of your state? MN.

My uncle died recently and I am listed as trustee of his estate. He has two sons. Son #1 is left a sizeable amount of money while son #2 is left $1. Son #2 had had substance abuse problems in the past when the trust was created several years ago. He now appears to be straightened out and leading a good life. The balance of the estate (over 1 million dollars) goes to a specific charity. Must I follow the wishes of the trust or can a monitary amount go to son #2? Thank you.

That's your decision.

Prison and/or civil fines and penalties

Follow the trust.

sounds like a no-brainer.