Ge funds for my children where I will be the trustee. He also states that he instructed his lawyer to issue a check directly to me, which I didn't think was legal. Of course i can't ask the lawyer because he won't give me his name and something always seems to come up when we're supposed to meet him. My questions are is it legal for the lawyer to issue checks directly to set up educational accounts, directly to me for my own personal use and to my mortgage company to pay that off for me or do all the funds need to go thru his name and then get distributed as he wants?
Your boyfriend can make gifts to anyone and will not incur any gift taxes provided that his gifts are below the $14,000-per-donee threshold. Estate funds should pass first to your boyfriend's personal account, so that it is clear that gifts are being made from him to you or to accounts established for your children. If your boyfriend is the personal representative of his family member's estate, he may be able to direct his attorney to cut checks in the manner you are describing through a written assignment, but this is a matter of Florida law. I would encourage you to meet with a Florida probate attorney to review this matter for you. Good luck to you and your children.
This information is presented as a public service. It should not be construed to be formal legal advice nor considered to be the formation of a lawyer/client relationship. I am licensed in Connecticut and New York and my answers are based upon the law in those jurisdictions. My answer to any specific question would likely be different if I were to review a client's file and have the opportunity to interview the client. Accordingly, I strongly urge you to retain an attorney in your jurisdiction with respect to any legal matter.
While it may not be wise, depending on the amount, there is nothing wrong with this. THis is not a living wills questions so I wil change it to estate planning
My comments are not intended to establish an attorney-client relationship, are not confidential, and are not intended to constitute legal advice. Proper legal advice can only be given by an attorney who agrees to represent you, who reviews the facts of your specific case, who does not have a conflict of interest preventing the representation, and who is licensed as an attorney in the state where the law applies.
What is your basis for not believing it to be legal for his estate planning attorney to issue a check directly to you upon your BF's death? It is legal for any attorney to cut checks for beneficiaries that have been set up by their client's in the manner described at their client's specific direction. Since he most likely set up a revocable trust, though, the terms of the trust can be changed at any time by the Grantor (your BF). If his Grandma passed several years ago, the funds are most certainly already in your BF's name. In the scenario that you describe, the attorney is acting as agent or initial trustee. If you are concerned, or something does not feel right, you should consult with YOUR OWN attorney. His attorney does NOT represent you.
My answer is of a general nature and should not be construed to be legal advice nor creating an attorney-client relationship. Carol Johnson Law Firm, P.A. practices in the area of Wills, Trusts, and Estates, Disability - with a particular focus on providing Special Needs Trusts and Planning for the care of disabled children and adults.
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