[MagicBus]

I am one of 3 benificiaries listed in my Grandmothers will. I am to receive two shares of this estate "provided that one of the two shares shall be used at my sole discretion for the benefit of my nephew". I have not had any contact with this boy for over 13 years. He is 17 this October 2012. I have two children of my own that have been left out of this will and I am upset at that fact. I would like to split this share into three equal parts. I am seeking legal advice at this moment, but would love to hear what anyone thinks.

[ballengerb1]

Can you give us the exact wording of the will. A person can not control most future decisions from the grave.

[MagicBus]

I direct my executors and trustees to pay and or transfer two shares to my grand-daughter, provided that one of the two shares shall be used in her sole discretion for the benefit of my great grandson. That is the exact wording in the will. Thank you for your time.

[ballengerb1]

"her sole discretion " could mean you buy a new car to haul him and your kids around. However, the trustees must have been given directions also regarding what and how money can be spent. Sounds like this is a trust, right?

[Fr_Chuck]

IT is obvious the will was written when the child was a much younger, at 18 I would see them having a claim to any and all money left. And they can hold the person over the money accountable. Giving that money to other people is not for their use.

It can be used to pay for their rent, for their medical care and so on.

Giving it to other family members because you don't think it is fair is illegal

It needs to be put into a trust for that child and used for his needs.

[MagicBus]

The Lawyers for my grandmothers estate were concerned on the wording (I wonder why geesh) They say it could have two interpretations. One is that I invest the one share and has the discretion to determine the amounts and times for payments to my nephew. It could be argued however that it gives me total discretion as to whether my nephew gets anything at all. Further it does not say how the funds are to be invested. Of course my grandmother's lawyers are going for the "give it all to my nephew" clause. The way I see it is: my grandmother left me the share to use at my "sole discretion" for my nephew's benefit. I have no problem giving him some money, but want my children to get equally as much. Then everyone is happy... :) Wish me luck!!

[ballengerb1]

You can give your kids an equal amount but it would be from your share. His share is for his benefit not your kids.

[JudyKayTee]

You cannot control from the grave - I could not, for example, leave money to you for your use in buying a car. I can leave money to you - period. What you do with it after that is your choice.

I would question the attorneys who prepared the Will - and your attorneys.

I've seen people insist on wording which is not enforceable - maybe this was your grandmother's wish/hope, not a dictate.

[ballengerb1]

I agree with Judy, the grave is a bad place to me if you want to be in control. I have a trust document for my daughter and her children rather than giving them total access. A well written trust gives you some control but you need a good lawyer and trust administrator too.

[ScottGem]

I direct my executors and trustees to pay and or transfer two shares to my grand-daughter, provided that one of the two shares shall be used in her sole discretion for the benefit of my great grandson. That is the exact wording in the will. Thank you for your time.

It could be argued however that it gives me total discretion as to whether my nephew gets anything at all.

Sorry, but no, I don't think that can be argued. The money can be sued for education, support or just given to him outright. There is NO benefit to him in giving it to your children. There is NO benefit to him to not give him anything at all. In effect the will set you up as a trustee for his share.For you to use his share for ANYTHING that does not provide him benefit would violate the trust relationship created.

[ScottGem]

I direct my executors and trustees to pay and or transfer two shares to my grand-daughter, provided that one of the two shares shall be used in her sole discretion for the benefit of my great grandson. That is the exact wording in the will. Thank you for your time.

It could be argued however that it gives me total discretion as to whether my nephew gets anything at all.

Sorry, but no, I don't think that can be argued. The money can be used for education, support or just given to him outright. There is NO benefit to him in giving it to your children. There is NO benefit to him to not give him anything at all. In effect the will set you up as a trustee for his share.For you to use his share for ANYTHING that does not provide him benefit would violate the trust relationship created.

[JudyKayTee]

It could be argued however that it gives me total discretion as to whether my nephew gets anything at all.

Who told you that this is a valid legal argument?

[ScottGem]

I'm curious as to why you were given control and not his parents? I'm also curious as to why this was defined by relationship and not name. Now, if she had said Grandchildren, then you could spread among all her great grandchildren. But since she said great grandson, it needs to go for the benefit of the one living grandson at the time of her death.

[AK lawyer]

... I have two children of my own that have been left out of this will and I am upset at that fact. ...

... I have no problem giving him some money, but want my children to get equally as much. Then everyone is happy..... :) Wish me luck!!!

Your grandmother left a share to you, and another one to you in trust for your nephew. If you think your children "deserve" something, give your share to them. How much she decided to give to whom is, frankly, none of your business.

If you are unable to fairly execute what amounts to a trust (with you as trustee) for the benefit of your nephew, you should step down and have someone else take over.