what does redact mean. it will take me some time to scan and send trust doc. i appreciate your offer to look at the trust but, are you not going say that the verbage of the trust prevails even though it doesn't do what my parents wanted. on that note iwas going to say in my previous question that my mom wrote her (and dad's) trust attorney several times requesting that he change the trust. he didn't respond and therefore did not change the trust claiming my mom was not compent to request such a change. the irony is that about a month after her written requests she was deemed compent by a probate judge to enter into a voluntary guardianship/conservatorship. i told this today to my new attorney and he said attorneys have the latitude to determine whether someone is compentent to execute a will or trust on any given day whether they are 25 or 85.
well, i don't think my parents were incompetent when they signed trust docs in 2003. i don't hink they were incompetent when they asked for changes in 2008. the smoking gun is that the trust attorney and one of my older brothers are high school buddies; army reserve buddies and this attorney has done my brothers taxes for 35 years. what further suspicious is that my dad had a long time attorney (qualified to do estates/trust work). then my brother friends comes on the scene in 2003. my dad told me several times that he had current attorney do the trust because he was a freind of my brothers and that he was catholic. dad also told me mom had no input in composing her trust because she was not knowledgable in these matters. my dad was a chauvenist. he was also a doctor and their major assets were in mom's name in case he ever got sued. actually, my mom inherited a farm so it was always in her name up until 2003, when it was put in her trust name as it remains to this day even though iv'e been told her trust has ended. my older brother was also my parents stockbroker and managed a rather large portfolio. he made disbursements; transfered money from a conservatorship account back and forth with the trust account. something just doesn't seem right to me. i have been told that current trust attorney probably shouldn't have gotten involved and my stockbroker brother shouldn't be a trustee. what's your opinion. thanks, j
well, for the potential of getting $700,000 dollars it may be worth a shot. thanks so much for your input.
socrateaser, iv'e decided to take you up on your offer to send you my mom's trust to www.mediafire.com. but, once i get to mediafire what do i do. thanks,
sorry, i'm not familiar with mediafire. where do i put the link so, you will find it.
did justanswer get you my mom's trust document. if so, have you had time to review it. thanks, j
first, i really appreciate you looking at this trust. did you percieve that there is a lot of vagueness in the document. for example, it says that the lake home is to be equitably used. my thought has been what does that mean. the traditional recreational time period for this resort lake is memorial day thru labor day. but, what prevents the trustees (my 2 older brothers) from saying to me "you can't use the lake home during the summer but, you can use it any time from october thru april". so, can i ask the probate judge to "amend" the trust document to be more specific. i haven't read any where in the document that specifically states what is to be done with my parents personal property or domicile after they are both dead. did you. as you interpreted; the trust eventually leaves the bulk (highest value) of my parents assets to current grandchildren. that is absolutely not what my mom wanted. she told the trust attorney that verbally and in writting and he refused to change her trust. contrarily in march of 2007, in a letter to my parents and cc to myself and brothers that the trust was not fair to myself and my older brother since we did not have children nor, spouses; and, that the trust as it stands will cause family dissention which it has. why would he have composed a trust initially if he knew these future outcomes.
as you can probably imagine i have many questions and it wouldn't be fair to address them all to you. my problem has been i just haven't been able to find an attorney who will or can answer most of my questions. that's why iv'e been pushing for a hearing and trying to get a probate judges interpretation. is that something a probate judge would do. thanks, j
first, i really appreciate you looking at this trust. did you perceive that there is a lot of vagueness in the document. for example, it says that the lake home is to be equitably used. my thought has been what does that mean.
A: It means fair and balanced, i.e., equal.
the traditional recreational time period for this resort lake is memorial day thru labor day. but, what prevents the trustees (my 2 older brothers) from saying to me "you can't use the lake home during the summer but, you can use it any time from october thru april". so, can i ask the probate judge to "amend" the trust document to be more specific.
A: No. You can sue the trustees for what you believe to be a breach of fiduciary, by their restricting your use to that which is not equitable. The court can order that you may use the property during summer, or it could remove the trustees entirely. But, it cannot amend the trust, because the terms and conditions are clear enough to permit an equitable resolution.
i haven't read any where in the document that specifically states what is to be done with my parents personal property or domicile after they are both dead. did you.
A: It appears to me that the property is to be distributed equally among the children, or grandchildren at the termination of the trust.
as you interpreted; the trust eventually leaves the bulk (highest value) of my parents assets to current grandchildren.
A: The trust leaves the property to the grandchildren, unless the trustees decide to terminate the trust early. So, it is quite possible for the grandchildren to receive nothing -- except through their respective parents -- dependent upon the trustees' determinations, prior to their death.
that is absolutely not what my mom wanted. she told the trust attorney that verbally and in writing and he refused to change her trust. contrarily in march of 2007, in a letter to my parents and cc to myself and brothers that the trust was not fair to myself and my older brother since we did not have children nor, spouses; and, that the trust as it stands will cause family dissension which it has. why would he have composed a trust initially if he knew these future outcomes.
A: I must respectfully disagree. The trust states what your mom absolutely wanted -- and if she wanted something else, then she could have amended the trust. She did not, therefore the trust provisions control -- not her writings or oral instructions to her attorney. The reason why this is the law, is so that disputes such as you describe cannot occur. Everyone is on notice that if they want a specific result to occur after their death, then need to make that result unambiguously clear by following the law to provide for the distribution of their estate. You will lose this particular argument, if you bring it to a court.
well, i'm not trying to beat this to death with you but, i don't understand how my mom could have amended her trust other than requesting to her trust attorney to do it. she didn't know any other attorenys. i found her some other attorneys but, they would not take on the situation until she fired the current trust attorney which she was afraid to do. so, is there any recourse against the past and present attorney for failure to preform.
well, i very much appreciate your time and input. unfortunately, i feel extremely sick to my stomach. i feel greatly cheated by my brothers and, i can't accept that the "law" allows that. and, as you said earlier in the discourse " if i you were in your shoes that would be the last time i would communicate with either of them (my bothers) in my lifetime". and, that's the way iit will be with me; and that's absolutely what my parents wouldn't want.
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