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I'm a senior citizen .age 73. My husband passed away seven…

Customer Question
I'm a senior citizen...
I'm a senior citizen .age 73. My husband passed away seven years ago,
We had a living trust and had put one daughter and a foster daughter as
Joint trustees. The daughter. , has petitioned the court through a
Attorney for an accounting on this trust for the last seven years.
Due to physical illness and the fact that all monies in this will
Are in properties I have been managing in need more. Time to get the
Personal. And business facts together. My daughters attorney and the
Court turned down this request there is a threat of a court appointed
Trust taking over what options do I have.
Submitted: 2 years ago.Category: Estate Law
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Answered in 10 minutes by:
2/27/2016
Estate Lawyer: RONB-ESQ, Attorney replied 2 years ago
RONB-ESQ
RONB-ESQ, Attorney
Category: Estate Law
Satisfied Customers: 357
Experience: Right of Way Manager at Access Midstream Partners, LP
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Hello my name is ***** ***** I am a licensed attorney. I welcome you to JustAnswer. Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. The question and response may be viewed by other parties as noted in JA’s terms of service. By continuing, you confirm that you understand and agree to these terms.

I am assuming this was a revocable living trust that became irrevocable upon his passing. Is that correct? Do you currently have an attorney?

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Customer reply replied 2 years ago
It's irrevocable I have an attotnehy
Customer reply replied 2 years ago
He has not given me the options
Estate Lawyer: RONB-ESQ, Attorney replied 2 years ago

I was guessing it was irrevocable because otherwise you could save all the trouble and just revoke it and have everything come back to you.

Is your attorney experienced in estate planning and litigation or do you know?

Since it is irrevocable then your child is likely going to ask that the Judge appoint a new trustee to take over management of trust assets. It would depend on the language of the trust as to what you receive if this will be a big issue. Does the trust provide that you shall be paid a specific sum every year either once a year, twice, monthly, etc.?

If not, does it state that the trust shall pay all reasonable expenses related to the health safety and welfare of "you". With this language does it say that the trustee can make these decisions based upon his/her sole discretion? Is there also any language that says that the trustee may dip into the Corpus (principal) of the trust to pay you or can only use income earned by the trust?

Is there language that says the trustee shall not make these decisions based on an effort to maximize payment to other beneficiaries (this would mean the trustee should limit payment to you to only that which is necessary in an effort to maximize what is left for your children.

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Estate Lawyer: RONB-ESQ, Attorney replied 2 years ago

Just a quick note that I need to run some errands and will be back online in about an hour just after 6:00 PM CST

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Estate Lawyer: RONB-ESQ, Attorney replied 2 years ago

Could you answer my questions above so that I can better answer your question?

Thanks

Ron

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