Living Will vs Trustee

[gonzalez]

Hello all, thank you for taking the time to read the question.

Background-My grandmother left a family trust and she assigned her cousin as the trustee. My father and his brother will inherit her estate. It is not worth a whole lot but the will says that my father and uncle will get an initial $5,000 when her house sells and then $1,000 a month until the money runs out. My father thinks that he can draft up a living will for himself so that he can force the trustee to give him more money upfront so he can buy a house. He says that "While I'm living my health needs have to be met that's a roof over my head".

Question- If he does draft this living will, will he be able to force the trustee to purchase a house for him?

Thank you for any help you have to offer. My father assigned me his power of attorney and I just need to know what I am getting myself into.

 

[disagreeable]

The trust is a separate entity from grandma's estate. The trustee is obligated to fulfill the terms of the trust. The estate executor is obligated to fulfill the terms of the will and process the estate.

 

[gonzalez]

The estate executor and trustee are the same person. My grandmother's house needs to be sold. Once it is and the monies are there can my father use a living will to force the executor of the trust to buy him a new place or give him all his money instead of the installments? The trust, will, and estate are all the same and all documented in the same form.

 

[disagreeable]

The trustee can only be forced to enforce the terms of the trust in regards to the trust, with trust assets. The executor can only be required to enforce the terms of the estate with estate assets. Even if they are performed by the same person they are entirely different non related functions. Dads desires or actions regarding his will have nothing to do with either while he is alive.

 

[Proserpina]

OP needs to understand what a "living will" actually is.

(It has nothing at all to do with finances)

 

[army judge]

Hello all, thank you for taking the time to read the question.

Background-My grandmother left a family trust and she assigned her cousin as the trustee. My father and his brother will inherit her estate. It is not worth a whole lot but the will says that my father and uncle will get an initial $5,000 when her house sells and then $1,000 a month until the money runs out. My father thinks that he can draft up a living will for himself so that he can force the trustee to give him more money upfront so he can buy a house.

He says that "While I'm living my health needs have to be met that's a roof over my head".

What your father says, feels, believes, or feels is of no legal significance, insofar as any of this is concerned.

Question- If he does draft this living will, will he be able to force the trustee to purchase a house for him?

He can draft 100 living wills, they will have no legal significance, insofar as the trust or your grandmother's will.

Thank you for any help you have to offer. My father assigned me his power of attorney and I just need to know what I am getting myself into.

You accepted a POA.
Think of it this way, a POA held doesn't have to be wielded, and by not using it the person holding said POA doesn't violate or fail in any form a fiduciary duty.
The mere possesion or acceptance of a POA doesn't demand the holder to act or use said POA.
Again, that POA has no legal significance insofar as these matters are concerned.