Trustee is ignoring the will

[zddoodah]

Jurisdiction

Maryland

My mother was diagnosed as mentally ill and coerced into creating a will that put 40% of my inheritance into a trust and 60% was given to me as cash.

I assume that you did not challenge the will following your mother's death such that the coercion allegation is effectively meaningless at this time.

the bottom line is the trustee is refusing to honor the will

At this point - six years after your mother's death - the will is irrelevant (unless the trust of which this person is trustee is a testamentary trust (i.e., one that was created by the will).

the estate attorney is of no help with.

What does "the estate attorney" mean? After six years, I assume the estate is long since closed. Right? In any event, unless "the estate attorney" was your attorney, he has no obligation to you.

Do I have any options here? And what are they?

You'll need to retain an attorney to review the trust instrument (or the will) and advise you. No one who hasn't read the trust (or will) can provide any sort of informed guidance.

What does the WILL have to do with anything at this point? The TRUST is the thing you are concerned with.

I am not an attorney and do not understand the difference. I am shocked that a trustee could just ignore the document.

A will is a document that one might prepare to direct the disposition of one's probate estate. "Probate estate" means all of one's assets except: (1) assets held jointly with someone else with the right of survivorship; (2) assets that have a pay- or transfer-on-death provision (e.g., bank and investment accounts); and (3) assets held in trust. Many people have only a will. Many people have both a will and a trust. Sometimes, folks will use their will to create a trust. As "Zigner" noted, the trustee is obligated to follow the terms of the trust instrument (which you said you have read). If there is a separate will and trust, then the will is almost certainly irrelevant at this point. However, as I indicated, if this is a testamentary trust (i.e., a trust created by the will), then the terms of the will are still relevant because the will is, effectively, the trust instrument.

The trustee is an accountant who was a neighbor of my family growing up.

So...what does all the stuff about your sister have to do with anything?

 

[smc635]

What this tells me is that, even if he bought a condo now, you would run out of money to pay taxes and condo fees at some point. Buying a condo is probably not a fiscally sound thing to do.

Again you are assuming the worst and it is not true. I have enough money now to pay these fees for 5 or 10 years. I am using that to pay rent now but it will not last forever. I have spent more in cash in the last three years than the amount of the trust on healthcare and housing, both of which are to be paid for by the trust. Nobody disputes the intent of the trust. I am hoping my health improves to the point where I can go back to work full time as soon as possible.

 

[Zigner]

Again you are assuming the worst and it is not true. I have enough money now to pay these fees for 5 or 10 years. I am using that to pay rent now but it will not last forever. I have spent more in cash in the last three years than the amount of the trust on healthcare and housing, both of which are to be paid for by the trust. Nobody disputes the intent of the trust. I am hoping my health improves to the point where I can go back to work full time as soon as possible.

Based ONLY on what you've posted, I believe that the trustee is making the fiscally sound decisions that his fiduciary obligation requires.

You do, however, need to remember that I'm just a guy on the internet and cannot replace an attorney's review of the trust and the surrounding facts in the matter.

 

[smc635]

I assume that you did not challenge the will following your mother's death such that the coercion allegation is effectively meaningless at this time. No I should of contested it but was in the process of recovering from a stroke at that time and was overwhelmed



At this point - six years after your mother's death - the will is irrelevant (unless the trust of which this person is trustee is a testamentary trust (i.e., one that was created by the will). The trust was created by the will.



What does "the estate attorney" mean? After six years, I assume the estate is long since closed. Right? In any event, unless "the estate attorney" was your attorney, he has no obligation to you. The estate attorney represented my mother's estate and created both the will and the trust. I never signed what I believe is the document that closes the will because I was never given it. I would not have because in addition to this, about $300,000 is missing from the estate.



You'll need to retain an attorney to review the trust instrument (or the will) and advise you. No one who hasn't read the trust (or will) can provide any sort of informed guidance. YEs, I agree completely, I am just trying to become as informed as possible before I do that.



A will is a document that one might prepare to direct the disposition of one's probate estate. "Probate estate" means all of one's assets except: (1) assets held jointly with someone else with the right of survivorship; (2) assets that have a pay- or transfer-on-death provision (e.g., bank and investment accounts); and (3) assets held in trust. Many people have only a will. Many people have both a will and a trust. Sometimes, folks will use their will to create a trust. As "Zigner" noted, the trustee is obligated to follow the terms of the trust instrument (which you said you have read). If there is a separate will and trust, then the will is almost certainly irrelevant at this point. However, as I indicated, if this is a testamentary trust (i.e., a trust created by the will), then the terms of the will are still relevant because the will is, effectively, the trust instrument.



So...what does all the stuff about your sister have to do with anything?

My mother had a panic attack a few days after changing the will for the last time (my sister dragged her there). As a result of this, she was taken to the hospital ER, where she died. I was on vacation during all of this and was not even aware of it until it was too late.

 

[Zigner]

My mother had a panic attack a few days after changing the will for the last time (my sister dragged her there). ... I was on vacation during all of this and was not even aware of it until it was too late.

So, you have no idea if your sister "dragged her there".

 

[zddoodah]

My mother had a panic attack a few days after changing the will for the last time (my sister dragged her there). As a result of this, she was taken to the hospital ER, where she died. I was on vacation during all of this and was not even aware of it until it was too late.

I don't see how this has anything to do with anything at this point. Your mother died six years ago, and no one apparently challenged her will or the trust, so whatever may or may not have happened when she was alive is of no relevance.

 

[PayrollHRGuy]

The trustee is an accountant who was a neighbor of my family growing up. And who did my family's taxes for several years. He has failed to provide me with any tax filings or statements for the trust, which are both required.

And why do you think this person would breach his fiduciary duty to get the money to go to your sister as you implied?