What is the name of your state? FLORIDA
Butterbloom, you had a question about your father's last verbal wishes and his giving your brother permission in a will to create a trust. Your situation was so unique that it cries out for professional advice.
You forgot to mention whether your father had the assistance of an attorney or not when he originally drafted his first will. Father made a big mistake in leaving it up to brother to create a trust after his own death--father should have created the trust while he was alive.
Are there any assets mentioned in the will that are not in the trust or were all assets put into the trust? What is the value of the trust? After you get the trust you should be consulting your OWN trust attorney to find out if the provision allowing your brother to be trustee is legal in your state (do NOT consult the estate attorney about this because he was hired by your brother and may be partial to him and may not give you the complete truth) and also find out if the definition of "lineal descendants" would include you and your brother or whether it would refer only to your children and to your brother's children.
Certainly will be interesting to see exactly what trust document your brother and the attorney come up with and who will be listed as beneficiaries.
DANDY DON IN OKLAHOMA ([email protected])
Butterbloom, you had a question about your father's last verbal wishes and his giving your brother permission in a will to create a trust. Your situation was so unique that it cries out for professional advice.
You forgot to mention whether your father had the assistance of an attorney or not when he originally drafted his first will. Father made a big mistake in leaving it up to brother to create a trust after his own death--father should have created the trust while he was alive.
Are there any assets mentioned in the will that are not in the trust or were all assets put into the trust? What is the value of the trust? After you get the trust you should be consulting your OWN trust attorney to find out if the provision allowing your brother to be trustee is legal in your state (do NOT consult the estate attorney about this because he was hired by your brother and may be partial to him and may not give you the complete truth) and also find out if the definition of "lineal descendants" would include you and your brother or whether it would refer only to your children and to your brother's children.
Certainly will be interesting to see exactly what trust document your brother and the attorney come up with and who will be listed as beneficiaries.
DANDY DON IN OKLAHOMA ([email protected])