My monther-in-law died rather suddenly. She left behind a special needs daughter and a son (my husband) who is executor and guardian for his sister. She has a home and personal possessions worth about $120K. She also has investments worth $100K. The home/personal items fall under the will which stipulates a trust needs to be set up for the daughter. However, the investments have a beneficiary set up to split the money equally, with no trust specified. Can the money from the investments be put in a trust after the fact?
1 Answer from Attorneys
The answer is probably not. On the other hand, your husband can certainly take his share and use it to fund the existing trust.