Legal Question in Wills and Trusts in Massachusetts
My mother has a $100,000 trust in my name. At the time the lawyer drew up the trust it was determined at the time of both parents' demise, the trust would be divided amongst the children. This is so stated on the trust document. My brothers are good for nothing and I don't want to divide the money when my mother passes. (Dad passed 4 years ago) Am I legaly bound to split the money as stated on the trust agreement? And ps...my mother lives with me.
2 Answers from Attorneys
If the Trust is a revocable Trust, your mother can change it. If it became irrevocable upon your father's death, it cannot be changed without the consent of your siblings and approved by the court unless your mother retained a power of appointment. Without knowing more or reading the trust, I cannot comment.
If the trust is not changed, you are required to comply with the terms of the trust. This means you are required to give your siblings their portion of the trust.
Even if you are able to change the Trust, your siblings may challenge the Trust after your mother's death as being done under undue influence by you. This is more likely to succeed as your mother lives with you.
If you wish to discuss the matter further, please feel free to contact me.
As Attorney Roth correctly stated, your mother has every right to change the terms of her own trust, assuming the trust is revocable. It is really hard to say what powers and options exist without reading the trust agreement. Your question asks whether you are required to split the money, which makes me think that you are trustee of the trust. Whatever you do in a situation like this, you want to make sure that you have counsel, or you may find yourself personally liable in the event of claims by your brothers. Good luck, and do not hesitate to contact our office if you require the assistance of counsel.
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