dissolution of a trust-please reply

[annathegreek]

What is the name of your state? New York

A trust was set up by my aunt in which my mother, brother, sister, and myself are 75% beneficiaries. My uncle's three nieces are 25% beneficiaries. My uncle and my mother are co-executors of the trust. My uncle has been the one writing checks and receiving annual bank statements on the trust's accruements. My uncle now wants to dissolve the trust, dividing the money up equally among all the benficiaries regardless of the will.

1. Does he have the right to do this?
2. What actions can my mother take to protect her and her children's interests?

Thank you for any feedback.

 

[Dandy Don]

The proper term for co-managers of a trust is TRUSTEE, not executor. Executor applies only to wills.

What uncle wants may or may not be proper and legal. It all depends on what the trust says. Your mother needs to take the trust to a trust attorney and get an official consultation to see if the trust permits him (them) to dissolve the trust by making the distribution.

The trust and the will are two separate, independent documents that are administered separately. What the will says most likely has no bearing on the trust.

DANDY DON IN OKLAHOMA ([email protected])