It is sad that you have to consider these types of things, but it is also necessary. You may want to speak with an estate planning attorney to audit your situation and make sure that your current set up will protect you and your assets.
Beyond speaking with an attorney, you may also want to have someone -whether attorney, CPA, etc - routinely monitoring your finances and accounts to ensure that there is no misappropriation, etc.
Speak to a good estate planning lawyer.
My response to this question is a response to a hypothetical situation based on limited facts. I am not your attorney; you are not my client and we do not have an attorney-client relationship. If you need a lawyer, you should contact one in your area. If you would like to talk with me about your case, you can call my office.
It sounds like you have things pretty much under control. I assume your brother acts as your husband's successor trustee and his sister acts as your successor trustee to keep your heir (your brother I assume) from not wanting to spend money on your behalf in the hopes of inheriting more. I am unsure as you have not provided enough information. The only way you can really protect yourself from unscrupulous heirs is using a corporate trustee as a successor trustee (expensive) and making your trust irrevocable so that you can't make changes during a time when you were less competent but not incompetent.
This answer does not constitute legal advice and does not create an attorney client relationship. The answer is for information purposes only and is based on the limited information you provided. If you would like to discuss your Florida legal matter further please call my office at (904)353-0033 x 14.
I agree. It's unfortunate that this is a reality for a lot of people. You should consult an estate attorney, which will help protect yourself and your assets.
It is important that you understand I am not your attorney and you are not my client. Legal advice requires knowledge pertinent facts. Thus, the free advice provided to you here is without recourse and any reliance thereupon is at your sole risk because it is impossible to have all the facts available at this time. This is done without compensation as a free public service. I am licensed in Florida and New York only so advice in any other jurisdiction is strictly general advice and should be confirmed with an attorney licensed in that jurisdiction.
I agree with my colleagues. My guess is that you had an attorney establish your estate plans, because you DO have everything in such good shape. You have done most everything right, and that makes it far less likely you will have problems. But if you do not feel fully confident in the people you have selected, or if the situation with them changes, then you need to consider adjusting your estate plan. For example, if your husband predeceases you, you will want to consider alternate agents under your POA. (I would expect that your current forms already have at least one alternate built in. If they do not, they should have.) If you do not trust family, then you might consider friends, a pastor from church, etc. The point is, you need to feel comfortable that the person you have chosen is not only trustworthy, but is someone who knows you, knows your objectives, your wants, your preferences, and will follow through with them. If you do not have that peace of mind, then you are missing out on a large part of what your estate plan is supposed to provide you.
***Please be sure to mark if you find the answer "helpful" or a "best" answer. Thank you! I hope this helps. ***************************************** LEGAL DISCLAIMER I am licensed to practice law in the State of Michigan and have offices in Wayne and Ingham Counties. My practice is focused in the areas of estate planning and probate administration. I am ethically required to state that the above answer does not create an attorney/client relationship. These responses should be considered general legal education and are intended to provide general information about the question asked. Frequently, the question does not include important facts that, if known, could significantly change the answer. Information provided on this site should not be used as a substitute for competent legal advice from a licensed attorney that practices in your state. The law changes frequently and varies from state to state. If I refer to your state's laws, you should not rely on what I say; I just did a quick Internet search and found something that looked relevant that I hoped you would find helpful. You should verify and confirm any information provided with an attorney licensed in your state. I hope you our answer helpful!