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Thomas McJD
Thomas McJD, Attorney
Category: Estate Law
Satisfied Customers: 3170
Experience:  Wills, Trusts, Probate & other Estate Matters
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My husband died 2/13. In s will a commercial property was to

Customer Question

My husband died 2/13. In his will a commercial property was to be set up as a trust to benefit myself and his two daughters from a previous marriage. A suit against the estate was served the following May. The plaintiff was an employee of the company leasing the commercial property. The deed to the property was not transferred to the trust until after the suit was settled. An oral (but no written) agreement was made to have the suit paid for by the trust, as the accident had occurred on that property. The suit was settled the end of 2014. Disbursements were made with proportial costs for the suit deducted from each beneficiary, myself included. I remitted an end of year accounting to the one daughter as CoTrustee. Taxes were filed 3/2015. Three weeks later I received notice that they denied an oral agreement was made and that they would only agree to have the trust pay the costs (ipso facto) if I agreed to their demands. Can they claim negligence of fiduciary responsiblity against me?
Submitted: 2 years ago.
Category: Estate Law
Expert:  Phillips Esq. replied 2 years ago.
Hello: This is PhillipsEsq. I am a licensed Attorney and I will be assisting you today.
I do not understand what the issue is.
I do not see any real difference paying the taxes by deducting the costs from the beneficiaries or paying the taxes from the trust when the beneficiaries are the same.
Kindly clarify