Does the Trustee hold the power?

[packman358]

Wisconsin;

My recently deceased mother had made an amendment to her Revocable trust weeks before her death. My brother is the Trustee. My sister has threatened to sue the trust as she does not agree with our mothers wishes in regard to her share. A lawyer has told my brother that he can not disburse any funds until this is settled? Does a trustee have the rights to follow the wishes of the deceased. Does she have any say in this and does her attorney have any right to tell the Trustee not to do his duty?

 

[tranquility]

While a trustee has a duty to follow the trust, they would have to be an idiot to disburse from a trust that is going to be challenged. Sister is not just able to say she does not like what she is given, she has to have a legal reason why the trust is deficient in some way. The good thing is, if the trust was created by an attorney, it will probably have a clause having a beneficiary who challenges the trust to lose their share. (Although some states have a special statute where this would not be implicated if the beneficiary merely asks the court to "clarify" the trust.)

 

[LdiJ]

While a trustee has a duty to follow the trust, they would have to be an idiot to disburse from a trust that is going to be challenged. Sister is not just able to say she does not like what she is given, she has to have a legal reason why the trust is deficient in some way. The good thing is, if the trust was created by an attorney, it will probably have a clause having a beneficiary who challenges the trust to lose their share. (Although some states have a special statute where this would not be implicated if the beneficiary merely asks the court to "clarify" the trust.)

I will also add that an amendment made weeks before the death of the grantor is going to come under some scrutiny, to ensure that undue influence was not a factor.

If your mother was totally of sound mind in the weeks prior to her death its one thing. If she was in any way incapacitated, then it gets murkier.