Q: I gave my kids each 25% of my trust my mom put it in her will can I take it back from my kids
My mom asked each on of my brothers and sisters if we wanted to give our kids any shares of ours in the trust, before she passed away in 2003 I said yes so each one of my kids receive 25 % each month. My son I want to remove him from getting another penny out of my share he doesn't deserve it at all he's very mean and cruel to me. Is there anything I can do so that he doesn't get another penny.
A: Yes. It would be wise to consult with an experienced estate planning attorney, who would be able to advise you thoroughly, regarding the procedure and ramifications of omitting your son from your Estate.
A: If I understand your situation correctly: (1) your mother put into her trust a provision stating that each of your children would receive 25% of what otherwise would have been your inheritance; and (2) your mother has passed away. If those statements are accurate, then there is nothing you can do to change the trust. Once your mother passed away, her trust became irrevocable, which means it is unchangeable, because the assets were hers and she is no longer around to change the trust. One person cannot change another person's trust in the same way that one person cannot change another person's bank account or mutual fund allocation. Only the owner can make changes. I'm sorry about that. If your mother were still alive, she could have changed it, assuming she wanted to do so. The good news is that you have the power to do whatever you want with YOUR assets so, if you choose to do so, you can disinherit your son from getting any more money when you pass.
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.
