Legal Question in Wills and Trusts in New York
father leaves all his money to son
my dad, 91, still sharp mentally has been manipulated by my only brother. Dad has quite a large sum of money in muni bonds -- he put it in both our names, I've just willingly taken my name off - was told my brother he would too and put it back in dad's name. Now I find dad left it soley in my brothers name. The reason was that I don't manage money too good and that my brother will dole it out to me one day after his death. My brother and Ihave never gotten along - my dad swears I must trust in his honesty. Is there anything I can do after he dies to freeze the money in case he does not give me my half. I have taken care of my dad all these years - my brother is a reasont help to him and I believe he has brainwashed him day after day. What are my alternatives...there is no talking to him - and I am seriously thinking of disowning dad since I believe he has disowned me financially. Help please... Thank you.
1 Answer from Attorneys
Re: father leaves all his money to son
That's pretty sad to disown your 91 year old Father over money that BELONGS to your Father.
If your Dad wants to leave you money but thinks you are not responsible, he could leave you money (bonds)in a Trust and put your brother as Trustee.
This way, the money is YOURS but your brother gets to decide how much to give you and when. Not the best situation but at least you will know your brother can't spend your share on himself.
The Trust could be made part of your Father's will.