My mother died 6 years ago with an estate
of about $500,000. Half was put into a trust to care for a disabled sister. One eighth, was willed to my sister Karen, one eighth to me, one eighth was will to and divided amount 6 grand children (3 of mine and 3 of Karen). The remaining eighth went to my brother-in-law, Al, Karen's husband. Mom put him in the will because Al was the "son that she never had, the brother that Deanna never had." Are you getting the picture? My children and I were viewed as the red headed step children, grandkids.
Having my brother-in-law in mom's will and for the reasons stated above, I asked Karen if, should we out live Deanna, and there was money remaining in the trust, what was going to happen to it? She told me that mom set that up to be divided between her and her husband Al. She was ashamed of mom action and said that we would divided it 3 ways if Deanna did not out live us! Deanna was very healthy but confined to a bed or wheelchair. My children and I were the only family geographically close enough to the nursing home to keep an eye on the care given to Deanna on a daily basis if actually necessary. Over the last 6 years, I have checked on the care or lack of it an average 8 times a month.
You should know the question that I am going to ask. Deanna developed an infection about 3 weeks ago and died 11/14/15. Karen mentioned to me that she had written a check to Deanna's church and it bounced because trust is frozen. I believe that Karen, Al and I can agree on a fair split. My guess is that there is $150-200K in the trust at this time. What is the chance that the balance of the trust will be taxed and that Karen, Al and I will be able to split as we agreed.