Q: can a trustee of a supplemental needs trust ignore the terms for distribution to a charity & name himself a beneficiary?
the trustee of my brothers trust submitted a will supposedly written by my brother that named him as the trustee and stated that my brother wanted to leave half of everything to his church and the other half to the people closest and most helpful to him in the time leading up to his death. These people were to be chosen by the trustee. the trustee named only himself as one of those people. so half the money went to the church and the other half to the trustee. the same trustee was named in my mother's will to create this trust for my brother with money thAt was released to him from my mother's bank account. in my mother's will she laid out specific instructions for how to set up the trust and to donate any remaining money/assets when my brother died to the Phoenix Catholic Diocese Church to be distributed among handicapped programs in Phoenix. I thought this kind of trust cannot be changed. so can the trustee disregard my mother's directions and then name himself a beneficiary?
A: Hire an AZ attorney to sue trustee for breach of fiduciary duty, conversion and an accounting. Time is critical as SOLs may already be busted.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
