Legal Question in Wills and Trusts in Maine
q tip wills
Our Mother has a q tip trust that has if she becomes incapsitated her daughter and stepdaudter become power for the q tip... There is a large sum of money involed... Our mother signrd over her right to have her daughter and stepdaughter to act as her adviser... Every three months she would receive an amount of money... Now all of a sudden the stepdaughter desides that she can say how much our mother can receive,from the q tip... also she has now set up a separate account which she has taken out most of the income that has come from that trust... We think that the trust states that she is to be taken care of with the lifestyle that she was acustomed to at the time of her late husband...
What are our rights as POA and is the stepdaughter out of bounds...I know there are alot of varibles and other questions but in a nut shell this is what we are up against...
I would love to here from someone to help me understand... And what type of lawer we should see to help our mom...
thank you
Richard
1 Answer from Attorneys
Re: q tip wills
The Q-Tip trust is set up by a spouse for the benefit of the other spouse to provide income subsequent to the first spouse's death. The Trust will have a trustee who must administer it according to the Trust's terms.
I am unclear from your email if your sister and step-sister are the trustees, and if so, if they are managing the funds in accordance with their fiduciary duties. As you are POA for your mother, if she is not benefitting from the Trust as she should be, then you are well within your rights to question what is going on and seek counsel.
More facts and ultimately a review of the trust language itself would be needed to provide real answers to your questions.
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