Legal

Ask a Lawyer and Get Answers to Your Legal Questions

Ask a Lawyer,
Get an Answer ASAP!

Legal
This answer was rated:

I'm the trustee of my mother's trust. When I was with the…

I'm the trustee of...

I'm the trustee of my mother's trust. When I was with the other beneficiaries at the Memorial Service shortly after my mother's death, in an effort to be forthcoming, I blurted out what I thought they would receive, roughly. But besides the fact that of course I haven't paid all the expenses and lliquidated all the assets yet, I hadn't looked at the Trust doc in years, if ever. I was going from memory, and when I dug out the file, it turns out that what I was using to quote them their rough bequests was an earlier version of the Trust which my mother subsequently changed, in which she drastically reduced their shares from what I'd told them and increasing mine. About 8 years ago, soon after creating the last version, my mother moved and got a new lawyer who I'm using now to help me administer the Trust pursuant to my mother's death. She has asked to see whatever Trust docs I have including older Trusts. Here's my question: I'm tempted not to show her the older Trust with the terms that I

Lawyer's Assistant: Since estate law varies from place to place, can you tell me what state this is in?

California

Lawyer's Assistant: Has anything been filed or reported?

Not yet, and I haven't finished my question.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Yes, I just need to complete the question: I'm tempted not to show her the older trusts because the terms of the prior to the final version contains the terms that I stupidly quoted to the beneficiaries, and I don't want to put my attorney in the position of knowing that and having to reveal it if she's asked because it supports the idea that what I quoted is correct and the latest signed version isn't.

Show More
Show Less
Ask Your Own Legal Question
Answered in 4 minutes by:
1/17/2018
Barrister
Barrister, Attorney
Category: Legal
Satisfied Customers: 40,101
Experience: 17 yrs practice, Civil, Criminal, Domestic, Realtor, Landlord 26 yrs
Verified

Hello and welcome! My name is ***** ***** I am a licensed attorney and will try my best to help with your situation. There may be a slight delay in my responses as I type out an answer or reply.

,

I'm tempted not to show her the older trusts because the terms of the prior to the final version contains the terms that I stupidly quoted to the beneficiaries, and I don't want to put my attorney in the position of knowing that and having to reveal it if she's asked because it supports the idea that what I quoted is correct and the latest signed version isn't.

.

What you said verbally is not binding and is legally irrelevant.. it is the most current legally executed trust or Amendment that controls the disposition of any assets in the trust.

.

So giving the old void copy of the trust to the attorney doesn't affect anything at all because it is the newest valid trust and amendments that count..

.

.

thanks

Barrister

Barrister
Barrister, Attorney
Category: Legal
Satisfied Customers: 40,101
Experience: 17 yrs practice, Civil, Criminal, Domestic, Realtor, Landlord 26 yrs
Verified
Barrister and 87 other Legal Specialists are ready to help you
Ask your own question now
Customer reply replied 1 month ago
A quick follow up: wow, in view of your answer, what would you say about an attorney who, when she heard I'd blurted out the wrong terms, said it casts doubt on the terms of the Trust, even though we have a proper, legally executed document? Am I right to be worried that she didn't say right off the bat it doesn't matter what I said?

That means nothing... the documents control here... not any verbal comments made in the stressful environment of a funeral..

Ask Your Own Legal Question
Was this answer helpful?
Ask Barrister Your Own Question
Barrister
Barrister
Barrister, Attorney
Category: Legal
Satisfied Customers: 40,101
40,101 Satisfied Customers
Experience: 17 yrs practice, Civil, Criminal, Domestic, Realtor, Landlord 26 yrs

Barrister is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it.

LeeMichigan

< Previous | Next >

Meet the Experts:

Tina

Tina

Lawyer

8,775 satisfied customers

JD, BBA Over 25 years legal and business experience.

Ely

Ely

Counselor at Law

24,353 satisfied customers

Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

INFOLAWYER

INFOLAWYER

Attorney

20,727 satisfied customers

Licensed attorney helping individuals and businesses

JPEsq

JPEsq

Attorney

2,132 satisfied customers

Experience as general attorney, in house counsel, SSDI, Family Law attorney, and law professor

Law Educator, Esq.

Law Educator, Esq.

Attorney

42,358 satisfied customers

JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law

Ellen

Ellen

Lawyer, Consultant

8,238 satisfied customers

25 years of experience helping people like you.

Guillermo J. Senmartin, Esq.

Guillermo J. Senmartin, Esq.

Attorney

292 satisfied customers

7+ years of experience handling various legal matters.

< Previous | Next >

Related Legal Questions
I am a beneficiary to a CD that was left to me by my parent.
I am a beneficiary to a CD that was left to me by my parent. When I cash it out will I have to pay a penalty?… read more
Alex Esquire
Alex Esquire
Managing Attorney
Doctoral Degree
153 satisfied customers
I am a qualified beneficiary to a trust. The trustee did not
I am a qualified beneficiary to a trust . The trustee did not give notice of the trust until 2 years after it became irrevocable, does not supply accounting and has not put a property that the trust h… read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
8,305 satisfied customers
I am listed as a beneficiary for an adult child's bank
Good morning. I am listed as a beneficiary for an adult child's bank account at a credit union I am not a member of. The bank notified me (and his father) that they inadvertently sent his signature ca… read more
Ray
Ray
Lawyer
Doctoral Degree
31,369 satisfied customers
Is it required for a beneficiary to request an accounting in
Is it required for a beneficiary to request an accounting in writing? … read more
Ely
Ely
Counselor at Law
Juris Doctor
24,353 satisfied customers
My legal question is, can a beneficiary of a trust bring a
Hi Pearl, my legal question is, can a beneficiary of a trust bring a lawsuit or does the trustee have to bring the lawsuit? … read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
8,305 satisfied customers
Does a beneficiary have to have a written budget before
Does a beneficiary have to have a written budget before estate can close … read more
Ray
Ray
Lawyer
Doctoral Degree
31,369 satisfied customers
Does a beneficiary of trust request an accounting of the
Does a beneficiary of trust request an accounting of the fund-also request the names of the other beneficieries? … read more
KLAW
KLAW
Juris Doctorate
1,851 satisfied customers
Can a trustee legaly tell the beneficiaries tax attorney
Can a trustee legaly tell the beneficiaries tax attorney that the only way they will pay him from the trusts principal.The beneficiary has to agree to make them his client and give up client /attorney… read more
ScottyMacEsq
ScottyMacEsq
Doctoral Degree
17,483 satisfied customers
I'm mentioned in my parents' trust as beneficiary however
Hello I'm mentioned in my parents' trust as beneficiary however the lawyer handling the estate refuses to inform me of the amount and financial worth of the assets. My father passed away in April, 2017 and he had promised to inform me of the assets, however upon asking him twice he's refused to answer me. He is representing my sister and mother, who I don't get along with. My question is if, according to the law in CT, he is required to inform me since I'm a beneficiary and if there is a deadline to inform me. It was only under duress that I received both the will and trust from this lawyer. Thanks, Mali … read more
Law Educator, Esq.
Law Educator, Esq.
Attorney
Doctoral Degree
42,358 satisfied customers
I am the trustee and beneficiary of a medical trust in my
Hi, I am the trustee and beneficiary of a medical trust in my name. Am I able to gift money from the trust to my children? … read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
8,305 satisfied customers
I am the beneficiary of a life insurance policy and the
I am the beneficiary of a life insurance policy and the insurance company won't make the check out to me.they keep sending it to the estate of Don Sergott so the bank won't cash it. I called them and … read more
LawGuy
LawGuy
Juris Doctor
123 satisfied customers
Named as beneficiary on life insurance and wondering if upon
Named as beneficiary on life insurance and wondering if upon award, one can reassign that benefit to someone else to receive the money with similar no tax benefit or can I only then give as a gift??… read more
lucy7368
lucy7368
Juris Doctor
763 satisfied customers
What qualifies to be a trustee/beneficiary of a trust? I am
what qualifies to be a trustee/beneficiary of a trust? … read more
Ray
Ray
Lawyer
Doctoral Degree
31,369 satisfied customers
If a person names me as the beneficiary to a 3.5 million
If a person names me as the beneficiary to a 3.5 million dollar inheritance but the bank is in Dubai (Persian Gulf) what do I legally do to protect my self. What must legally happen by America law? … read more
Zoey, JD
Zoey, JD
Doctoral Degree
182 satisfied customers
If a Will states that the beneficiaries are to receive.
If a Will states that the beneficiaries are to receive … read more
TaxAttorneytoHelp
TaxAttorneytoHelp
Owner
Doctoral Degree
2,542 satisfied customers
Can a insurance agent be the beneficiary. Alabama. The
My husband brother was his agent and he is one of the beneficiary.… read more
RobertJDFL
RobertJDFL
Attorney
Juris Doctorate
5 satisfied customers
Who presents the reading of the will to the beneficiaries
Who presents the reading of the will to the beneficiaries and is it done in the presence of all the beneficiaries?… read more
Barrister
Barrister
Attorney
40,101 satisfied customers
When a will has the spouse as a beneficiary with the
when a will has the spouse as a beneficiary with the survivorship period waved and there are other beneficiaries if the spouse dies, do the others need to be listed in filing probate? The wife is surv… read more
Ray
Ray
Lawyer
Doctoral Degree
31,369 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x