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There are a ton of tiger traps and blank spaces left in the OP's vague and confusing description.
Any one of these could be the obtuse legal determining factor, which an estate attorney and judge would instantly recognize.
1). Is the inherited bounty truly the husband's money right now?
Or is his portion of money (and probably partially eventually hers) estate still in probate?
Is their any ruling on on record of this?
2). Who is the husband's Trustee of record per his will?
If it's not the surviving wife...
And those original funds have not cleared probate..
Then she may be committing fraud punishable by prison.
3). "Considering" means jack. getthefkouttahereyabum sez the judge.
4). Who is the guardian for the 6yo? State? Private? Family?
How are they involved? They should be.
5). There is her husband's remaining part of the estate which she is probably entitled to.
vs.
His will which stipulates what goes to the kid. That sounds like it includes most of what he recently inherited.
Those two accounts should be kept separately. Absolutely.
The Trustee is 'probably' granted powers to compensate themselves for nominal time and expenses in executing the terms but anything more than that might be grey territory.
If she is Guardian for the kids as well, it could be a conflict of interest, and a mess.
Putting funds into a separate trust to be distributed at legal age or above should be a safe option.
Co-mingling funds and suddenly making large transfers of ambiguously-questionable ownership of estate is never a good idea. IMO.
(but I'm not one of those lawyer people)
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Meanwhile other things are still happening.
Last edited by john70t; 08-10-2020 at 05:28 PM..
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