Estate Law Questions? Ask an Estate Lawyer.
Even though the trust agreement specifically identifies the bank accounts by name are to be distributed equally?
The court should honor that intention and transfer the funds into the trust
the fact it was not done if often a formality
but given the procedural stage, it would need a court order, where the trustee is not being cooperative
and seeking to take advantage for a technical formality
often the assets are moved into trust after the fact
I wish you the best.
But the trustee has the decision to choose what he wants do: either keep the money, or distribute equally. Would that be a correct conclusion?
He should be complying with the trust
and not taking assets for his personal benefit
where the trust has not been revoked or otherwise changed
he should marshaling the assets into the trust and dividing among the beneficiaries
I understand now. -- Your input is greatly appreciated. Thank you!
have a nice weekend
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