Q: I am an estate trustee (live in Ontario Canada)- how responsible am i to fulfill this obligation?
My sister died 3 years ago and left me as the trustee (QD Trust) funds for her daughter. I'm honoured she trusted me but...
My niece (31 years old) is on odsp (for disability) but is drug dependent and lives on the streets. I had her in an apartment and everything was taken care of with spending money every week - but she was running a flophouse and was evicted. I have tried to help budget a weekly odsp allowance (my sister did this so my mother thought it would help if i did) but cannot justify giving her estate/trust funds for the lifestyle she is living ie enabling (the trust states at my discretion - i do consult with my mother and brother). It has taken a toll on me dealing with this situation and i'm wondering if it's ethical and/or legal for me to resign from the role. I'm not sure how my sister did it all along (i know she was a much better person than me) but at the risk of sounding callous i give up and quite simply don't want this.
Thank you -R!!
Lawyers, want to be a Justia Connect Pro too? Learn more ›
- (931) 250-8585
- View Profile
- Answered
A: Your situation is way to complicated for this free legal answers forum. You have more issues than you realize, not the least of which is your sister managed to create a foreign trust with special reporting requirements. You really need to hire an experienced trust administration attorney in the state whose law applies to your sister's trust. That is state is most likely the state in which your sister last resided, but that is not necessarily the case. Take a look at the trust and look for an applicable law provision stating which state's laws apply. Then find a trust administration attorney in that state. Expect to pay a reasonable fee for an initial consultation (around $650-$850) and then hourly after that if you choose to move forward with that attorney. These legal fees are trust expenses so they can be paid out of trust funds.
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.
