Legal Question in Wills and Trusts in Kentucky

Trusts

My mother left 1/2 of her estate to my sister and the other 1/2 to my sister to be held in trust for me with the trust going to charity upon my death. Did I get 1/2 the estate? If so, can the trust be dissolved? My mother did this out of spite, because she hated my wife and her children(whom she only met once) and wanted to make sure they received nothing from her estate. She changed her will after I told her I was getting married.The will is still in probate, so the trust has not been formed. My sister is the trustee and at her discression the money is to be invested as she sees fit, payments could be made to me or I could possibly be left having all the liabilities without any benefits.


Asked on 11/02/05, 11:17 am

1 Answer from Attorneys
Philip Owens Philip M. Owens, Attorney at Law

Re: Trusts

Trusts can be so varied that without the trust documents, a specific answer cannot be given BUT GENERALLY a trust cannot be broken. You have to remember that in Kentucky your mother does not have to leave you (her child and there are special provisions for a spouse) anything. As long as she knowe what she was doing, she can leave it to anyone she pleases in whatever form she pleases for whatever reason she pleases. Consult an attorney and show him/her the documents to find out if there is any provision that may get what you want.

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Answered on 11/02/05, 3:08 pm


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