View Single Post
McLovin McLovin is offline
Checked out
 
McLovin's Avatar
 
Join Date: Jun 2009
Location: On a beach
Posts: 10,127
Sorry to hear about your loss.

As far as a will, I would think he doesn't need one. Since your mother is alive, everything automatically would go to her, without the need for a will. (In most, and probably all, states).

But now that it's just your mother, she needs some kind of will or trust (probably both, a trust and some kind of pourover will).

I don't really understand your part about appointing some CPA or other third party as a trustee. I don't think that's the normal course. The trustee (well, I think technically the successor trustee, since your grandmother would be the initial trustee in a typical revocable trust/living trust) would normally be the beneficiaries, i.e., the kids. If your grandmother doesn't want to include your uncle as a trustee under the trust, she shouldn't. Just make your mother the trustee, if that's what your grandmother wants. The trust/will is your mother's time to decide what goes to who, and she should make that decision.

Me, personally, I would never name ANY non-family member as the first successor trustee for my revocable trust, not if I had living children. I would always put one or more of my living children as the first successor trustee(s).

If there is going to be fighting, putting a third party as the first successor trustee isn't going to help one bit, IMO.
Old 09-06-2011, 09:09 PM
  Pelican Parts Catalog | Tech Articles | Promos & Specials    Reply With Quote #8 (permalink)