Q: My husband is trustee/executor of his dad's trust. He has two siblings, each of them entitled to 1/3 of the trust.
One of the siblings (through his attorney) has not signed a release (sent to him more than four months ago) to get what's left of his inheritance after expenses. Trustee is considering petitioning the court (under Title 18-6-2 of RI law) for trustee/executor to be freed from liability for his brother's inheritance. If litigation is pursued by the beneficiary regarding any aspect of the trust, can/does the trust pay for legal expenses caused by said litigation? There is also a "no contest clause" included in the trust calling for ceasing entitlement to any beneficiary who contests the trust/will.
Thank you for your guidance.
A: It is very kind of you to want to help. Your husband should be able to figure all of this out with help from their attorney. If they do not have an attorney assisting them, now would be a great time for them to retain one. It sounds like this simple trust / estate is becoming more complicated. Your husband's attorney will likely contact the sibling's attorney to ascertain what the delay may be. If they are not able to communicate or come to an agreeable resolution, the petition you describe (Trustee - also your husband?) may be an option. The first challenge will be to discern why the release has not been executed. Is it possible it was lost in the mail - or sent to the wrong address. (More questions for your husband to review with his locally admitted practicing probate attorney)
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.