Contest Will, Fathers will claims I am unable to make decisions and care for myself.
Plainville, MA
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Posted 11 months ago in Probate
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In Trust for Metally Disabled
My father divided all of his liquid assests amongst my older and younger sister and maybe my nephew (my deceased brother's son). His will states only $ 1,500. in a bank account and his car to be divided between, my older sister, my younger sister, my nephew and me. I haven't received anything from that. Also, he owned a home free and clear the house sold for $ 300,000. His will states that the money from the sale of the house be divided as follows, 40% to my older sister, 30% to my younger sister, 15% to my nephew and 15% to me. My share however has been put in a trust listing my older sister as administrator. He has written the will as if I were mentally disabled and unable to care for myself. I am not mentally disabled and am able to care for myself. It also states that if my older sister chooses to she can give me all of the money in the trust for me to do with as I please. She has no intention of giving me this money, we haven't spoken in years. I would like to get all of the 15% left to me. Which I estimate to be about $ 50,000. - Is this your question? Add additional information Answers (1)Marc E. Chapdelaine
This attorney is licensed in Massachusetts.
Posted 4 months ago.
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Your father's Will pours your interest into a Trust. This is typically done for a variery of reasons, not neccessarily mental incompetance. Your issue appears to be the designated Trustee (your sister) who you feel is not fulfilling her fiduciary duty to do what is in the best interest of the beneficiary (you). Your course of action is to file a petition for an accounting and/or a petition to remove trustee. The court will typically appoint an independent third party to serve as trustee. In sum, I think you should focus on the current admisitration of the Trust rather that the fact that your interest was placed into a Trust. Most trusts provide that the money can be used for health, education and/or general welfare. Start with an Accounting and proceed from there.
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