laceltris3
DIS Veteran
- Joined
- Oct 23, 2013
just as a suggestion-talk to your parents about naming an alternate trustee who has no relationship to your familial situation so that if your sister/her significant other gets threatening or dangerous with you in the administration of the trust you have the ability to hand off duties for your own protection.
I suggest this b/c my mom had thought of doing the same thing b/c of my dysfunctional (by choice) sibling. I begged her not to do so if she was going to name one of us remaining siblings to be the trustee b/c I knew how manipulative and harassing for money the one sibling could be-and had seen the outright abuse brought onto my parents my entire life because of badgering for handouts (I blame them in large part-they never said 'no', never held the person accountable so in large part they helped create 'the monster'). mom decided not to set up the trust that way, she left what she wanted to that sib-but it still wasn't enough by their standards so they made my life a living hell from the moment mom came close to death. upon mom's death I was harassed for money endlessly (despite the bulk of it being distributed as soon as the banks allowed-they do after all want to see a death certificate which doesn't just appear upon the last breath leaving someone's body) up to the point where law enforcement in 3 jurisdictions had to get involved due to threats of bodily harm against me and others in my immediate family. 3 lawyers later a sizeable chunk of what mom had wanted to distribute was eaten up in legal fees. a trust can be rock solid and as trustee you may be within every right but that doesn't mean a lawyer is going to defend that trust for free when some deadbeat goes to legal aide and gets all their expenses covered to fight every minute appropriate action you take.
I wish my mom had named someone else to deal with the stuff, someone who 'the monster' didn't know how to get to personally. it would have been well worth it for any fee associated. with a violent felon in your situation it would be especially valuable.
it's telling that several years after mom passed and I learned of that siblings death (no contact after law enforcement became involved) that my first thought was that I no longer had to fear answering phone calls from their area code.
Thanks for your suggestions and insight. There is a manner for a substitute or alternate Trustee in the event I am unable or unwilling. Sister *may*not know about the guy's criminal history, and she has mainly become his sugar mama. She is desperate for companionship. I feel sorry for her. She's not wealthy, but she has a masters degree and owns a townhouse and is by far the most financially secure person he has ever known, and he seems happy to let her pay the bills while he lives there for free and blows his own money on things like guitars (while they are both unemployed).
I am an attorney, and I found his criminal history online. A search led to a mugshot which led to his arrest and court records from the county courts (pled guilty to aggravated battery with a deadly weapon, after failing to appear and having his bond revoked, and then pled guilty to a second felony for violating his probation, plus other miscellaneous lesser crime). I didn't pay for a background check, and strongly suspect there is additional criminal history out there, but I found enough. I am the one who raised the issue to my parents, and pointed out the law around common law marriage in our state. I didn't want to come off as greedy, but I gave them the information, asked what they wanted to do, and helped them plan how they could accomplish taking care of her during her life, but without him getting anything.
I am hoping that me being an attorney will nip a lot of the shenanigans that could be tried in the bud. There have already been some instances where I have witnessed comments about the family ranch land, which is now being leased for oil & gas royalties, and was able to set them straight about what the law actually is, so they know I cannot be bluffed. And the land was the main issue. I know my parents don't want my grandparent's farm to leave the family, and certainly not to to Mr. Felon and his equally criminal family.