Belle Plaine, MN asked in Estate Planning and Probate for Minnesota

Q: Our dad recently passed away, are we able to set up a trust fund for our minor siblings & do we need an attorney?

Our dad died in May without a will and we do not want the girlfriend/mother of the minors to blow the money, we want our 3 siblings (all under the age of 5) to have something when they turn 18, 21 and finally 25. A friend told us we can not set up a trust without the mothers ok, but the mother wants the $100,000 so we know she will not okay this. We are the representives of our dads estate, is there a legal way we can keep this money out of her pocket? The mother is already getting $7,500 a month so it is not like she will be broke without this money. We want the best for our siblings. Thank you!

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1 Lawyer Answer
Robert Kane
Robert Kane
  • Estate Planning Lawyer
  • Eagan, MN
  • Licensed in Minnesota

A: My condolences. It's difficult to tell what the situation is exactly. You seem to want to bypass the mother for the sake of her child. This seems unlikely, but without much more information it is impossible to advise. Especially, on a free online Q and A.

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