WA State: My Dad passed in Aug 2012. Named my Mom as PR and Me (only living child) as Trustee to a Trust to be created by his Will. Dad via Will directed 450,000.00 and his 1/2 of home to go into the Trust with income from Trust to be used to support my mom. Because my mom is the PR and there is no Trust formed yet, estate is currently in probate, she transferred the 450,000.00 into her personal checking account. She has no intention of placing any funds in the trust. My question is this. A what point is the trust to be formed, after probate is completed? What legal responsibility does the my moms probate attorney have to insure that the PR, my mom acts in a fiducary manner in acordance with the Will nd my dads wishes? I am in a very difficult position if this is going to require me to retain legal counsel to force her to follow the Will. Doesn't the probate attorey have some responsibility to follow the Will or does the PR have the right to do whatever they want?
1 Answer from Attorneys
I have dealt with a very similar situation before. If you want to protect your father's estate plan, you need to take quick and firm steps. If your mother has no regard for the legal estate plan, expect her to use the "trust fund" money to prevent it from being placed in trust. You will be beat by her use of the trust fund money to defend what she is doing and she will leave what is left to someone who did not challenge her.
You cannot win this without quick action and a good lawyer.