I promised to let everyone know the outcome of my meeting with the attorney regarding the Trust and Pour over Will.
My question was, if everything has been turned over to me either before he passed or by way of beneficiary statements from the different investments, would I be obligated to give the siblings any portion of my Inheritance? Reason I wanted to ask attorney as there were percentages mentioned in the Original Trust. However, as I stated earlier, the house and his car were given to me House two years ago and car, do I get to keep these? Also, beginning deed read his Trust and beneficiary of house would be me into my Trust. I wondered if the more restrictive choice would be required. In other words, I get the items and the stock and retirement, but would I have to split it up? ANSWER:
NO! The attorney asked if I SIGNED anything in regards to any documents. My answer was no. After he passed, I re-read the investment documents and they are clearly marked that I received 100% of these.
Since the Memorial is not until the end of October, I was not going to give the siblings copies of the Trust and Will until after Memorial. I wanted to make sure there were no outbursts of anger at the Memorial.
Now that I know for certain that everything is mine, even though I do not have to give anyone a copy of the Trust, I will have the attorney mail each person a copy with a cover letter from him. I questioned if they were mentioned in the Original Trust before the changes, would I not be obligated to send the Trust documents to them. Answer again...NO.
I gave the attorney copies of all investments, deed to house and car ownership and personal property ownership to review for one more week. I want him to be CERTAIN he has not found any issue at all. I am insisting on him using a magnifying eye to check everything.
THERE IS A BUT....
He said anyone is allowed to take it to court, if they so choose. If they are adamant that they are entitled to something, they may just do that. Whether they would be successful is very doubtful. I would imagine if they get an attorney and show their attorney the documents, the attorney if he/she is honest would inform them that they are wasting their money. But, of course, some attorneys will say anything to make money off of a person. That is in any Industry.
I will feel more comfortable next week when I see the attorney ONE MORE TIME and get this all in writing. Then as I said AFTER the Memorial, copies of the Trust and Pour over Will along with his letter will go out to all family members mentioned in original Trust.
I hope this helps some of you with your questions. Being Trustee is a difficult and time consuming and costly job. But, trying to skirt issues is not in your best interest. Be certain you are carrying out the wishes of the person who made the Trust.
Thanks for listening.