Trusts and Trustee Duties
Dear Len & Rosie,
My mother has a revocable living trust. I am her sole successor trustee, and I'll take over after she dies. I have two brothers and a sister. My mother wrote her trust to give my younger brother only $1, because he was once convicted of marijuana possession and he never calls or visits. She thinks he is still a dope smoking pothead. What would have been his share is to be divided up among my cousins and the church.
As the trustee after my mother dies, am I able to ignore her wishes and give my brother his fair share of my mother's property? How difficult is it to change it the way I see fit? This is really bothering me because it's just not fair. I feel all of her children should be treated alike.
Suzanne
My mother has a revocable living trust. I am her sole successor trustee, and I'll take over after she dies. I have two brothers and a sister. My mother wrote her trust to give my younger brother only $1, because he was once convicted of marijuana possession and he never calls or visits. She thinks he is still a dope smoking pothead. What would have been his share is to be divided up among my cousins and the church.
As the trustee after my mother dies, am I able to ignore her wishes and give my brother his fair share of my mother's property? How difficult is it to change it the way I see fit? This is really bothering me because it's just not fair. I feel all of her children should be treated alike.
Suzanne