[4family]

My stepdad passed away in may of 2009, him and my mom were married for 20 years. He had an old a,b,c, trust that dates back to 1986 and it has no will. The C trust lists some old assets but most are gone. He never redid it just updated it in 1993 he son appears to have been named in it the excutor and his only blood relative, his sister had been cut out of it long ago we have one thing left to change and his blank son wants 1/2 of it. It is some stock that was listed as my mom and my stepdad community stock. It is not listed in the trust any where and the other stock is listed in the trust so it has been assumed he gets all that stock. As an Executor does he have the right to change the addresses of the monthly reports, take 1/2 of it if it is not listed in the stock? I have spend a lot of money on attorneys and it seems to me he should not get any of that Does anyone know anything about this situation or can direct me

[GV70]

In my view your stepfather got a good legal and financial advise from professionals. The trusts are means that help him to resolve the emotional knots between your mother and the children of his previous marriage.
I know about two types of trusts:
1 a qualified terminable interest property trust, or QTIP
To a residuary trust, or RT

QTIR provides the survive spouse with the annual income for life from the principal who is left... Most QTIPs also permit the survive spouse or an independent trustee to tap principal as needed for nursing-home care or other major expenses.When she dies, any remaining principal in the QTIP trust reverts to his children -- not to anyone else.

RT is earmarked for his children.When he's gone, the principal in the residuary trust can either be given outright to his children or remain in the trust, producing income that can be doled out to his named beneficiaries or be allowed to pile up for future distribution.

[GV70]

he son appears to have been named in it the excutor and his only blood relative, his sister had been cut out of it long ago we have one thing left to change and his blank son wants 1/2 of it. it is some stock that was listed as my mom and my stepdad community stock. it is not listed in the trust any where and the other stock is listed in the trust so it has been assumed he gets all that stock. as an Executor does he have the right to change the addresses of the monthly reports, take 1/2 of it if it is not listed in the stock?

In my point of view it is null and void because a trust cannot determine who a blood relative is... It has never been the aim of the trusts..
His first son is the executor /or trustee/, but I am in doubt his "blank" son has inheritance rights,too.
It is my opinion.

[AK lawyer]

In my point of view it is null and void because a trust cannot determine who a blood relative is ...

Oh really? Can you cite chapter and verse on that please?

I'd be interesting in knowing. Because if a client ever asks me to write a trust specfiying that the trustee shall determine the "blood relatives" at the time of a stated event (death of the trustor for example), it would be good to know that such a provision is prohibited.

[cdad]

I think this might help explain how it works. It sounds like your adding things into it that isn't there.

Ref:

Functioning as an A/B/C Trust - Marital Universal Trust , Revocable Living Trusts - Trust-its.com

[GV70]

No need…
At least in several states/ AL,Pa,NY,NH and etc/ there are Grantor/Trustor/,Trustee and Beneficiary/ies/.The beneficiaries are the men that will enjoy the benefits of the trust assets. They may include, wives, children, grandchildren, charitable organizations ,etc
There have never been requirement to name “blood relatives”.Even in A/B/C trust the term is Beneficiary/ies/.
If you don't have a will, any property that isn't transferred by your living trust will go to your closest relatives in an order determined by state law.
I read that one of his sons is the Executor/Trustee/ .

Most states do have laws to protect against accidental disinheritance. If you decide to disinherit a child, your will should clearly state your intention.
The trust does not offer any protection if you lose a lawsuit.
If you are not careful, probate may still be necessary. In conjunction with your living trust, you should always have a will in place .
If your trust or will does not name a child, or indicate that the child has been considered, then the child may have certain rights to take a portion of your assets.

Some years ago my wife's relative won a similar case.That relative was not named as beneficiary of the A/B/C/trust ,too.
The judge decided that because there had never been stated intention that relative to be excluded from inheritance he could get some assets.
I may ask for a copy from that decision .The case was in Pa.


Intestacy law and probate process have never been my favorite subject.:o