Legal Question in Wills and Trusts in Montana
Trusts
Please advise. My grandmonther passed 6 months ago, she had a trust that named her 3 children as beneficiaries. There was cash and a home. One of the beneficiaries who is not a co-trustee ( other 2 are) experiences Alzheimers and has a power of attorney. To date the co-trustees have provided no written accounting or estimate of the liquid assets, don't approve of the power of attorney choice my mother made when she was OK, and are delaying distribution given the home involved is not selling.
How to we get the assets now to avoid having to distrupt my mothers livings situation and need to apply for Medicaid Nursing care, rather than the care she recievces at home with private resources that are drying up fast.
1 Answer from Attorneys
Re: Trusts
It is unclear whether this is a WA case or a MT case. Is the person who is a beneficiary, but not a co-trustee your mother? The home not selling in this market is hardly surprising, and a trustee may be able to legitimately argue that selling now would result in a loss to the capital of the trust. As to no accounting, in WA the person who has the power of attorney for a beneficiary could petition (the Superior Court) for an accounting.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
