Legal Question in Wills and Trusts in Pennsylvania
resigning as a co executor of a trust
My brother named in his will, my parents as co executors of his trust/estate. I am named as the coexecutor if my parents die.
My father/mother are being completely aggravated by my brother's widow(they were in divorce proceedings when he passed). She wants money from my brother's trust and keeps threatening my folks with ''not allowing us to see the kids ever again'' if we don't give her the money.
My parents want to resign as executors of the trust and hand it over to the courts, so that my ex sister in law can't bother them for money any more.
I feel, that since my ex sister in law works for a lawyer that she will have less problems getting her hands on the trust money if my parents turn it over to the courts and have asked my parents to turn it over to me, since I am the coexecutor in the event my parents die.
Is it legally possible to become the coexcutor of the trust, since I am named in the will.
The bottom line is that whoever is the coexecutor determines whether or not my ex sister in law will get any money for the kids from the trust.......the money is all willed to my brother's children when they turn 26 and in the meantime it is only to be given to their mom, if the co executor approves.
1 Answer from Attorneys
Re: resigning as a co executor of a trust
Check the exact language of the trust document or the will, if the trust was created by a will. It probably allows the successor Trustee to take over if the first Trustee[s] die or are otherwise unable to serve.
Are you also named as the successor Trustee?
If that's what the language says, your parents could resign and allow you to serve as the Trustee.
You and your parents should be careful, though, to observe the terms of the trust. The money is probably to be made available for the benefit of the children. If your parents have been withholding money and making it difficult for your brother's widow to obtain funds she needs for the support of the children, that could be why she's being difficult.
You and your parents may also want to consult an estates/trust lawyer to make sure that you are properly administering the estate and the trust.
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