Washington  |  Wills and Trusts

Legal Question

Asked on: 11/09/12, 8:02 am

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?

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