Legal Question in Wills and Trusts in Montana
Looking after our own childrens money
My father-in-law passed away in Montana. We live in NC. He left the kids money. The sister of my husband, who is the Exeutor, has decided that she is going to be trustee over our childrens money. She is also over her sons money, but not over her other nieces money. Their father is over their money. They live in PA. This is all in the papers from the lawyer who is taking care of the estate. My husband and I would like to be over our childrens money. How can they decide that we arent capable. They don't even know me. If each of the other kids are going to watch over their childrens money, why can't we be over ours? How do we fight this? We had a lawyer in Montana who said that if we chose to fight it then he would not take the case. We thought that we just needed to file a motion in Helena to have us named as trustees under the NC gifts to minors act. Any ideas as to what we need to do? Thanks
2 Answers from Attorneys
Re: Looking after our own childrens money
What you first have to decide is what the will says. The will may direct that your children's money be put in a trust and also directs a certain person to be trustee. Usually wills have these provisions. If this is the case, then you can petition to change the trustee, but you would have to prove that the trustee is not capable of managing the trust.
Re: Looking after our own childrens money
This is a Montana question to be resolved in Montana. I would look for another Montana attorney that will be willing to go to bat for you.
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