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Barrister
Barrister, Attorney
Category: Estate Law
Satisfied Customers: 37862
Experience:  16 yrs estate law, real estate. Wills/Trusts/Probate
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Living trust that states; trustee shall distribute[50%of cash,

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Living trust that states; trustee shall distribute[50%of cash, checking, savings & CD accounts] to daughter.
My question; does brother as trustee have the right to make monthly payments to me from mom's checking account that holds my 50% that brother is to distribute to me?
Hello and thank you for using JA! My goal is to provide you with excellent service and help with your legal problem.
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Does the trust simply state that you are to receive 50% of the trust assets upon mother's death?
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Or does it set a time frame in which to do so?
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Thanks
Barrister
Customer: replied 4 years ago.

6 F. Distribution at my Death. On my death, the trustee shall hold, administer and distribute the trust , plus any additions thereto as a result of my death[all of which is hereafter referred to as the "Trust Estate"] as follows.


 


[2] Trustee shall distribute [50% of cash,savings and CD accounts, jewelry and clothing to my daughter.

Ok, then if there is no specific provision in the Trust that states that the Trustee is to distribute it out over time, then the Trustee wouldn't have the power to do so. If that is the language in the trust, then I would opine that it would be interpreted by a judge as to mean that upon mother's death, then entire 50% should have been distributed to you as a lump sum.
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If brother is refusing to deliver it as a lump sum, you would have to file a "motion to compel distribution" in the local probate court to force brother to appear and have a judge order him to distribute 50% as a lump sum to you as the Trust states and as your mother intended.
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Thanks.

Barrister

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If you need further help, just reply to me via the “REPLY” button and I will be happy to continue.

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I cannot enter into an attorney client relationship, this is a public forum, and all posts are available for public viewing. There is no duty of confidentiality that attaches to any posts. The information provided is not a substitute for a local attorney’s legal advice.

Barrister and other Estate Law Specialists are ready to help you
Customer: replied 4 years ago.

I found a clause Defferral of Distributoin or division up to 6 months after my death. Okay, thank you very much. However I will contact you again another day, I have some other questons.

Thanks so much for the positive rating and generous bonus, it is very much appreciated!

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It was my pleasure to work with you and help with your question. Please feel free to ask for me if you need help with anything in the future and I will do my level best to help or get you to someone who can.

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Barrister