To be sued or not to be sued

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Jogeephus

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Will try to keep this as general as possible so if there is some vagueness in the post I apologize but I don't want to get to specific for privacy reasons.

Someone I know was having problems with their husband who turned out to be very selfish and greedy. During her last days she made some legal changes to her insurance and with her will leaving her insurance policy to me and put me as Trustee over her estate and didn't leave anything to her husband.

As you would expect there was quite a fuss from her husband and he tried several times to have the Will voided so he could get his hands on the money - "for care of their son". This was a headache but he only made noise and wasted a lot of time and things quieted down once he married a woman who gets a big check from the government each year. Needless to say he will not speak to me.

Time goes on and her son grows up and gets married to a girl I didn't exactly approve of but I'm not the one who has to sleep with the creature so it is none of my business. Though the insurance money was left to me, I felt his mother's true intent was to keep this money out of the hands of this boy's father since the boy was underage. With this in mind, I invested the money for him and treated it as if it were his. He is a good kid and with his marriage his work history I felt it a good time to give him this insurance money as a wedding present to help him buy a home for his new family - and told him I knew his mother wanted him to have this. At this time we got to talking about his mother and I let it slip that there was more money being held in trust for him that he would receive once he got over fool's hill on his 40th birthday. In hindsight this was a mistake but at the time it seemed it was the right thing to do.

Anyhow, time goes on, few years pass and his wife has an affair just as I suspected the tramp would. He loves her dearly and is trying to work things out and her boyfriend has moved to another town and they seem to be doing alright even though she has yet to tell him she is sorry. Needless to say I still don't like or trust her.

Last week he made a call to an attorney asking if he could break the trust and get the money now since they now have a new baby and could use the money. On top of this, he mentioned that he was thinking of selling his home and he and his wife both quitting their jobs and moving to a town about two hours away where it just so happens his wife's x-boyfriend lives. It would be a lateral move for him and she would quit a high paying job and be jobless which would mean a reduction in their total gross income hence the need for the money - and its a good bit.

While I may be a bit jaded in the way I see things I think this is crazy and I think his love for this adulterous tramp is making him blind to what is going on. But I am admittedly biased so hence the post.

So do I stand firm and make an enemies and adhere strictly to the wishes of the Trust and fight this in court or should I cave and make my life simpler by doing what is politically correct? Actually I know what I'll do as did his mother which I suspect is why she trusted me in this matter. I just wonder how much traction this will get when it gets in the murky cesspool we call our judicial system. At the moment I am willing to stand at the gates of he77 to keep this from happening but I say this enjoying the ignorant luxury of not knowing how hot it will be at the gates of he77.
 
He is an adult and obviously not a real smart one. Beg him, plead with him, but do not go to court. Losing all the money won't kill him, but hopefully it will teach him a lesson he otherwise may never learn. In addition, if you stand in his way and the tramp leaves, he will forever resent you and blame you For his broken heart, thus never learning a valuable lesson. Tis better to be poor with a little wisdom, than rich with none at all.
 
Is it clearly spelled out in the wording of the trust that he gets it upon his 40th birthday--or is that your decision?
If it is solely your choice, and he sues, you go to court, and he wins, the judge may hold you responsible for all legal costs--out of your pocket and not out of the trust fund assets, since it was your decision to deny his request for full disbursement.
How long till he reaches middle age crazy?
 
greybeard":32kb5hxw said:
Is it clearly spelled out in the wording of the trust that he gets it upon his 40th birthday--or is that your decision?
If it is solely your choice, and he sues, you go to court, and he wins, the judge may hold you responsible for all legal costs--out of your pocket and not out of the trust fund assets, since it was your decision to deny his request for full disbursement.
How long till he reaches middle age crazy?
I would try to follow what the trust says, maybe consult a lawyer to protect yourself.
 
It is clearly spelled out that he gets the money on his 40th Birthday and not any sooner. I screwed up by even mentioning it was there but I was just reminding him of how much his mother loved him.

This is the thing I don't have a handle on. But what good is a Will or a Trust if you are not bound to follow it? If it goes too far I will definitely seek the advice of my attorney but I feel I do not need to betray the trust of someone whether they are dead or alive and since she is dead and I can't get her opinion I must go with what is written.
 
tom4018":2me5em0u said:
greybeard":2me5em0u said:
Is it clearly spelled out in the wording of the trust that he gets it upon his 40th birthday--or is that your decision?
If it is solely your choice, and he sues, you go to court, and he wins, the judge may hold you responsible for all legal costs--out of your pocket and not out of the trust fund assets, since it was your decision to deny his request for full disbursement.
How long till he reaches middle age crazy?
I would try to follow what the trust says, maybe consult a lawyer to protect yourself.
Yes. Your prime objective is adherence to her will. If the Trust is established pursuant to the will, the burden will be on the party seeking change. Most initial legal advise is complimentary. Sit down and present yourself as one who is seeking legal counsel. You should get some cursory counsel free. May be all you need, then if needed you can go back as a paying client.
 
inyati13":2b98v221 said:
Yes. Your prime objective is adherence to her will. If the Trust is established pursuant to the will, the burden will be on the party seeking change.

If you are saying the Will said to set up the trust with me as Trustee then yes, everything was done in accordance to her wishes.

If she had not committed adultery then I might have a different opinion on this but I'm not sure I would have the right to do so. If there was an illness or something I'd have no problem but this is completely "want" driven and if the money is released to him now and she runs off with the other guy then she could get half the money. As it is, she can't get squat.
 
Honestly Jo if it was me I would hold to the mothers wishes. I am laying odds the reason why she wanted him to be older was so he was more mature and had gotten over life's little bumps and this would help him towards his retirement.

Bet the tramp is thinking of doing an early retirement on this money and she will divorce him as soon as he has it and walks off into the sunset with her nasty boyfriend and as much of the money as she can get out of him.

Hold your ground.
 
Stick to the wishes of the lady. That's why she chose you, because she trusted you to do so. If it comes down to legal counsel needed, I thinking would be fair to pay the expenses out of the fund.
 
Good Luck Jo, it seems to me your stuck in the middle. I think you know what your going to do and hopefully it will all work out. At the end of the day a man has his word, and only you and her know what was said to one another. Would the trust be joint property since they accumulated it while they were married?? She's going to get what she can and move on.
 
Jogeephus":skemayle said:
inyati13":skemayle said:
Yes. Your prime objective is adherence to her will. If the Trust is established pursuant to the will, the burden will be on the party seeking change.

If you are saying the Will said to set up the trust with me as Trustee then yes, everything was done in accordance to her wishes.

If she had not committed adultery then I might have a different opinion on this but I'm not sure I would have the right to do so. If there was an illness or something I'd have no problem but this is completely "want" driven and if the money is released to him now and she runs off with the other guy then she could get half the money. As it is, she can't get squat.
Jo, yes. You are Trustee/Administrator of the Estate and Trustee of the Trust (you said an investment Trust), the burden is on the party or parties seeking to change the terms of the financial Trust. If time or convenience is not an issue, sit down with legal counsel on estate matters and get your 10 minutes of cursory counsel. It should be free.
 
highgrit":15abiivo said:
Good Luck Jo, it seems to me your stuck in the middle. I think you know what your going to do and hopefully it will all work out. At the end of the day a man has his word, and only you and her know what was said to one another. Would the trust be joint property since they accumulated it while they were married?? She's going to get what she can and move on.
highgrit, you nailed the problem with those meaningful words. The written terms of the Will and Trust are the credible part of this case.
 
In theory, the money would be his and outside any divorce settlement but if he uses it to purchase her a new car - which she is wanting - a new house then things get muddled and the property would be split. She is not an easy keeper for sure.

To me its obvious what she is trying to do and she is putting this stuff in his head but he is so blinded by love he just can't see it. I told him to ditch the bitch when he caught her cheating but he is too love struck to man up and cull her and she knows she has him around her finger. And now they have a baby. :bang:

I hope this blows over. They will be divorced within the next few years and he will get the money in 8 years. Then he can start his life fresh and see that there are good women out there that you don't have to buy their love.
 
I don't see how you could change the terms of the trust even if you wanted. The one I've seen was unchangeable by the Trustee, but I suppose there could be a special paragraph allowing that to happen.

Someone asked about the community property issue with the money and in this state it would remain separate property until it was converted. That means unless the money was used for the purchase of a house, car or real property it would remain separate.
 
Ryder":8k5j3mn7 said:
Jogeephus you know very well what you are going to do.
Case closed.

Your right. I ain't doing nothing unless the judge tells me to.

Slick that is how I understand it and his mother would want to protect him from himself.

I think the grey area with the trust is that I am responsible to him for the management of the trust since his mother is dead and if he wants it and if I will agree to disperse the money then there is no one who can really complain. This brings up an interesting dilemma. Say I do what he wishes and she skins him then he could probably find a lawyer to come back on me saying I "shouldn't have" dispersed the money being I should have known he wasn't in the right frame of mind and wasn't thinking straight and I'm liable for the money which I couldn't pay back.

Its a tangled web. Best just leave things alone I think.

Besides, my day isn't complete unless I pi$$ off at least one person. :nod:
 
He needs his own trust set up that the money goes to when he's 40. That way if by some chance he gets some intellengence about himself she can't touch the money. It belongs to the trust, not him. Sounds doubtful though.
 
Look at it this way, if he is broke, he can't afford an attorney. What is the worst that will happen- you give him 8 more years of being married to the one HE loves?? Think of the baby Jo. :shock: :???:
 
wow... I think you should stand your ground and if he needs money now.. then he needs to get another job and make the ..be nice.. woman... get another as well. you made me laugh with your last post about pi$$ing people off... as far as you offending him by saying "no" and him leaving your life because of that.. when you do say it.. make sure that he understands that you love him and can see things that he cant..and dont forget to mention that by that time that he reaches 40...that child is gonna need a lot more then it does now.. costs go up... if after all is said and done and he doesnt get the money..i bet the ..be nice.. woman will ditch him for the xb/f anyway..she is obviously after the money...saddest part is there is now an innocent child in the mix ... but i bet that once he gets a dose of reality and heals his wounds from that..he will come back to you... :) just leave that door open ... mans pride is hard to heal after this is over:( good luck and big hugs
 
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