Legal Question in Wills and Trusts in California
Brother-In-Law Inheirted and was Excluded in Trust
My Mother-in-Law had a irrevocable Living Trust and passed away in 1990. My husband (who has since passed away) and his younger Brother were named Co-Trustees, another Brother was excluded completely, but his 1/3 share was to be given to his minor children only when they turned 45 years old and these funds were to be managed by the Trustees until then. I have remarried and do not keep in touch but have learned that my Brother-In-Law who was completely excluded has now taken my Late Husbands place as Co-Trustee and that the portion that was to be kept in trust for his children is now completely his and he is spending and spending. My Mother-in-Law had this trust done wanting to make sure this Son did not get any of her money (he stole over $500,000.00 from her while she was alive) and I feel that what is happening is wrong. Should I do something about this or say nothing. This is not what she would have wanted.
2 Answers from Attorneys
Re: Brother-In-Law Inheirted and was Excluded in Trust
The people who are in the best position to object to what's going on would be the children who are supposed to inherit upon turning 45. Of course, this means they will need to challenge their father and his actions. Your best (and probably only) recourse is to let the children know that the trust is being mismanaged and that they should get help if they want to contest the trustee's actions. As to whether or not you ought to intervene - that's really a question that depends on your own sense of right & wrong & obligation & inclination to intervene in others' affairs, etc. My suggestion would be to approach that as a moral/spiritual question and perhaps talk it over with someone you trust - perhaps someone else who knows you and/or the family and can help find the right approach.
Re: Brother-In-Law Inheirted and was Excluded in Trust
I would let the intended beneficiaries know what you think is going on. If the brother is abusing his position as trustee, he can be removed and surcharged. But nothing is done until the money is gone, the beneficiaries may get nothing. I would tell them to act as soon as possible.
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