Will and Trust Question

[jboisvert]

Wisconsin

My youngest brother was made Executor of my parents' will after my dad died of cancer. My mother is still alive but has Altziemers Disease and doesn't have all of her faculties. My brother lives in Texas. My sister and I are questioning whether he using funds from the Will for his own pleasures and also if he can access money from the trust in any way. My sister and I have no clue of what was drawn up by my parents, so we are in the dark as to what legal rights we have. We know money was set aside for each of the children (3) and grandchildren when they go to college, but my brother says he is giving the money to his kids now even though two out of three aren't of college age. Can he touch anything in the trust? or the will for that matter?

J.B.

 

[Dandy Don]

You would have to look at the trust and the will first to determine whether his statement is correct.

 

[jboisvert]

REply to Will and Trust Question

How am I able to look at the Will and the Trust? I'm told that it is all confidential and only my brother has access to them. Also, if I am a beneficiary in the trust can my brother allocate any amount of money that is "Trusted" in my name?

 

[candg918]

Your mother's documents likely mirror your father's if they were done at the same time. Did you get a copy of them when he died? If not check the probate file for the will, etc. Although the documents may be different for each of your parents, it is not clear if you have any idea about what is happening with your father's estate not to mention your mother's current status.

If you are confident or have very good reasons to suspect that financial or physical abuse of your mother, contact the state agency charged with protecting the elderly (Adult Protective Services or whatever is appropriate name in her state). Also available in my area in a non-profit agency dealing with the general needs of the elderly; they have information and referrals to professionals experienced with senior issues that could help you determine if the abuse is occurring. Many times these referral services are United Way agencies so that if you look at their listing in her service area, you should be able to locate it easily.

 

[jboisvert]

Will and Trust Question Response

Both my sister and I are in the dark as to the Will and the Trust. We were not disclosed anything about the Will or the Trust. Should my brother have sent a copy of the Will and Trust when my dad passed away, even though my mom was still alive? We have not received anything from my brother or my mom concerning the will or the trust. When asked about the trust, my brother gets very defensive and evasive when asked about them. I have information that states one of the duties of my brother, as the trustee, is to inform the beneficiaries of any actions on the trust and its administration. He hasn't done so. What recourse do my sister and I have?

 

[Dandy Don]

When did the death occur?

You can check at the county courthouse probate court to see if the will has been filed and get a copy since it is public record.

You will need to talk to a probate attorney or a trust attorney to find out if your state law entitles you to request a copy of the trust from the trustee by sending him a certified letter or if there is another procedure for reqeusting it.

Get an attorney for consultation because it appears this executor is going to act illegally/improper.

DANDY DON IN OKLAHOMA ([email protected])

 

[jboisvert]

My father passed away 4 years ago in 2004. He died in his home in Crown Point, IN but my brother lives in Texas. I assume he has the will and trust in his possession in Texas. So do Texas laws apply to the documents, or Indiana laws where my father passed away?

 

[Dandy Don]

Did your father also have any disease or take medication that would have affected his judgment?

You can check in both places, but it should have been probated in the county court for whatever county that Crown Point, Indiana is in. You can also check the county court for whatever city your brother lives in in Texas, but there probably won't be anything there.

If your brother also had power of attorney he probably got access to some monies that he was supposed to be using for their care that he may have kept for himself that he doesn't want you to know about if he provided no accounting to prove that he spent the monies on them, or he may have gotten title to other assets.

It seems like he is deliberately withholding the will from probate, which is improper unless he is certain that there are no assets to be probated. You can force probate by hiring your own probate attorney to get probate opened up.