Trust Administration

Dear Len & Rosie,

My father passed away a year ago. He had a living trust and my brother is the trustee. There are five children surviving. My mother is also deceased. After my dad's death, my sister, my brother the trustee and I began clearing the house of forty-five years worth of possessions. We took out two dumpsters of garbage, and gave loads and loads of items to the Goodwill. This took us many emotional months to accomplish. Our other two siblings were not interested in helping and when asked if they wanted anything responded by telling us to take whatever we wanted. The valuable items were divided - we got first choice as the other two were not interested - but we did give them a share.

Now my brother the trustee received a certified letter from our oldest sibling stating that she is entitled to an accounting of the distribution of the items. We do not know her motive. She may request some of these items or maybe she wants money. What is our legal obligation to her request? Isn't the trustee entitled to divide the items as he believes is fair?

Annette

Special Needs Trusts

Dear Len & Rosie,

My mom doesn't have a will yet but we're encouraging her to make one. She has a draft will that leaves her home to all three children, but I have some questions. First, the house is under my mother name and my brother's name. Is it true that he will get the house automatically on our mother's death? Also, my other brother is autistic and will have special needs. How does my mom work that language into her will?

Pilar