As the Executor of my husband's near EMPTY Irrevocable Trust
I am being harrassed by a hostile (estranged from his father for 20 years) beneficiary
I need to give you this background below before I can possibly pose an intelligent question...
My step son does not have legal representation
. Therefore, all legal fees imposed on the Trust have been spent to "educate" him whenever he has made lengthy, unfounded claims.
We attended mediation & were so close to a settlement, but my step son got greedier on demanding some personal effects not specified in the will. Mediation ended without settlement. Step Son failed to submit claims by a deadline, so Judge dismissed the case.
He finally sought legal counsel but after getting nowhere, he quickly dismissed that attorney and now, withput an attorney, ahe is actually demanding that the Trust reimburse him for a year's worth of expenses on his case against the Trust.
The Trust Account cannot sustain the $20k legal fees, already incurred. I personally have been loaning the Trust out of my inherited savings. I realize that SOME day I am illegible for reimbursement.
This son is one of 3 beneficiaries to receive $25k.The Trust Account has little to no balance. Therefore, these cash gifts disbursements have had to be legally predicated on the Trust selling six real properties and/or should any gas well leases
be taken, mineral rights woupd be a very available.
However, my step son demands cash gifts be disbursed immediately. He also demands that he receive his 25% of the Estate NOW,even before I die!
His sister, my step daughter, was bequeathed 75% of the estate as a beneficiary. She and I are thankfullly in complete accord.
Step son is Now challenging my real estate agent for not selling properties fast enough. The real estate agent VERYmistakenly devulged to him about how a real estate transaction went sour after my counter offer on a property was refused.
This became more Ammunition for his tirade.
So now, my step son is challenging to remove me as Executor based on that particular real estate issue and various other character assasinations.
I truly want to just "abdicate" my role as executor since the two children will inherit the estate anyway when I die... Acvording to the will at my demise, my step daughter is the appointed first contingency executor & her son is 2nd. It would be great if she took over the role now!
However if I were to abdicate and my step son sues me, the Trust could not pay my legal fees.
Since I cannot keep paying property taxes out of my personal savings, hoping to be reimbursed some day, in lieu of the total $75 cash bequest
to the 3 beneficiaries, may i "gift" a property of equal value to them NOW?
Even before it is brought to trial, can a harrassment judgement be brought against my step son to stop the mounting legal fees?
Also, to relieve the incredible and unfounded demands for more and more information made by step son, could the court appoint my step daughter as a co mediatrix?
I need her good common sense in my corner.I am understandably rattled after a year and a half of battle. I didn't even have time to grieve my husband's passing before step son began the harrassment. He never even attended his father's funeral!