The answer did not come up on my email until now.Just Answer did not transmit it though I said it was high priority. I checked my email several times.
The original lawyer i clicked on wanted more details but Just Answer would not allow me to add details. Are you that lawyer?He seemed older.The details of my situation are: I have 2 sons who are also my trustees. Both are too busy to be family to me despite my being disabled ans in pain, needing help, and having had 4 strokes in the last 2 years.The younger disregards ***** ***** not help, just uses my home, getting a free ride. He is 21. The older one is 38,lives in LA (I live in NV), is more caring, but is still too busy w/ his life and I seldom see him though we talk regularly on the phone.He is my primary successor trustee;the younger one is the 2nd successor trustee.Therein lies the problem.The trustees are the beneficiaries.So giving them general or specific power of atty to decide on % distribution to themselves would be conflict of interest; i need to make that decision.I wanted to teach them, esp the younger one, a lesson so they would be more caring. They assume they are entitled to the estate
, being my only 2 children. But if they are too busy making money to make time for me,despite my illness, they should not be rewarded for their indifference. I wanted to distribute my assets to others also, not just divide these between my 2 sons.For allocation of my estate I wanted 5% to go to the younger one, 10% to the older one, and the balance of 85% to a special fund eg the Maria M Fund or Project or whatever which would be an umbrella fund for emergencies,special charities,& further distributions to my sons, w/ allocation dependent on their behavior and caregiving to me. I am unsure of details yet..but my atty says it is not possible to have a Fund as a beneficiary though earlier he said it was ok to leave a special % as an emergency fund which could stay active for 3 months or so but which afterwards needed to be distributed outright. I need time to rethink things.My atty proposes a dynasty trust
for gradual distribution of assets but due to my strokes , constantly changing life situation and nonsupport from my sons....an irrevocable dynasty trust won't work.Could I go online and create an LLC as a 3rd beneficiary, as a holding co, rather than do a specific % allocation right now, eg 10/90 to my sons as my atty wishes,,,...since a Fund or Project is not acceptable as a 3rd beneficiary even if i create a specific bank acct for it? I dont want anything complicated.I want to give the younger son more chances to redeem himself , though I have given him a lot of chances already, and to give the older one a chance to put family above business. The initial 5%/10% allocation will remain;but out of the balance of 85% Special
Project or Fund or whatever.....which could include distribution to others, allocations to my sons could be better depending on their behavior.I want to do what is fair; not what is expected. I want it to be simple.I don't want to cause hostilities.I have major health challenges and need to focus on them and avoid stress.The atty doing my trust has a cookie cutter approach....and has been patiently waiting for 3 months now.
I want the funding to happen now but my inability to get a satisfactory 3rd beneficiary is holding things upHe has a questionnaire I need to fill out online, then i need to upload the trust deed of my home w/ this questionnaire & submit to him. I also have a NV LLC which owns 2 Calif rentals & 1 NV rental. All I need to do is give him the name of the LLC; I don't need to upload the trust deeds of those properties. I have a life insurance & some IRAs which I probably should keep out of the trust. Current value of my estate is less than $2Million.He will give instructions on how to fund the trust; there will be a pourover will, no contest
Power of atty, etc.Your advice? Thanks.