Legal Question in Wills and Trusts in Georgia
I have inherited through a trust.....
I have inherited a few hundred thousand dollars through a trust. I am
one of 5 heirs . I am the trustee of the trust as well.
I sent out the required notice to the heirs
telling them I am going to be distributing
their inheritance to them as required by law. Nobody
contested the trust ''except for one person ''. the
90 days the heirs had to protest is now up.
The protestor says he was promised 10 percent more
then he got.
Can I just pay him the 10 percent more he claims
he is owed out of my 30 percent and end his protest?
Since nobody else contested but him do
I need the permission of the other heirs ???
Must he take the money and end his contesting
of the trust or does he still have the right to litigate
and overturn the trust though he will then be
fully paid what he asked for.
Can you write up such an ageement for me ??
2 Answers from Attorneys
Re: I have inherited through a trust.....
This is between you and the protesting heir, and you do not need the other heirs' permission, unless the trust has some unusual provision requiring consent.
You can require him to relinquish all claims as a condition of the payment.
I can write up the agreement, and also review the trust and advise you if he has a claim.
Re: I have inherited through a trust.....
Be very, very careful before you do anything that is not in strict compliance with the terms of the trust. You should have an attorney review the trust and advise you as to how to proceed.