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I don't understand what the Residuary Trust Provisions really mean.
Anonymous3 views3 answers
My father died last year w/o a will. His verbal wishes had always been to have everything split equally between his 3 kids and our stepsister. His assets made up over 75% of their net worth. Our stepmother created a trust afterward and recently died. The trust shows the three of us receiving a specific amount reduced dollar for dollar by anything we received from my dad dying which wasn't much, my stepsister is the only one listed under the Residuary Trust provision paragraph. She was also left all of the household items and is the Trustee. What does all this mean? Are we being left out for the most part?
You should consult with a lawyer in Florida, or the state where your father lived. If he died without a will, any assets held in joint names with his wife would go to her. She would also get 50% of any property he owned in his own name, with you children getting the rest. It sounds as though her trust gives you and your siblings a specific amount, with adjustments, and your stepsister getting the rest. Good luck.
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Very likely, the answer is yes. You need to get to the bottom of this immediately. The simplest thing is to talk with her and ask her what is going on and what you can expect. She may have a fair plan in mind that will satisfy everyone.
If not, you need to get to an attorney in the state where your step-mother lived immediately. Usually, you children would have been entitled to at least half of what he left. But, you will not be able to figure out what that was unless you move decisively and quickly.
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hope this helps.
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LEGAL DISCLAIMER
James Oberholtzer is licensed to practice law in the Commonwealth of Virginia and the States of Illinois, Oregon and Washington. He has offices in Chicago, Illinois and Portland, Oregon. His law practice focuses on estate planning, probate administration, family succession planning, tax,real estate and tax exempt organizations.
The foregoing statements do not create an attorney/client relationship. These responses should be considered general legal education and are intended to provide general information about the question asked. Frequently, the question does not include important facts that, if known, could significantly change the answer. Information provided on this site should not be used as a substitute for competent legal advice from a licensed attorney that practices in the subject area in your state. The law changes frequently and varies from state to state.
It is hard to say with first reading the Trust Agreement I cannot be certain, but generally a residuary beneficairy receives whatever is left in a trust after all expenses, taxes, if any, and other specific gifts have been paid. It seems from your statement above that you and your siblings would be paid the specific dollar amount and after expenses have been paid, your stepsister may receive the rest of the property in the trust.
If you father died without a will and owned assets in his indivdiual name and not in the trust, then those assets may pass differently than as provided in the trust agreement. Provided that he did not adobt your stepsister.
Hope this helps!
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Disclaimer: This answer does not created an attorney/client relationship and cannot be relied upon as legal advice. These responses should be considered general legal education and are intended to provide general information about the question asked. A consultation and review of the fact and circumstances of your particlular situation will be needed.