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JudyM

(29,537 posts)
17. Call the local bar association, explain the situation and ask if they know of any pro-bono
Sun Feb 9, 2020, 03:18 PM
Feb 2020

possibilities, i.e., an attorney who could do a free or very low cost consultation with you.

Consider calling the company that holds the account as soon as possible after your mom passes (don’t mean this to be insensitive)... if they know she has passed there would be less opportunity for sibling/wife shenanigans.

AFAIK, the money won’t “automatically” be cut in 2 and distributed... instead, he as trustee is responsible for doing that, and he will be paying other expenses, such as funeral, out of the trust, so he will have some flexibility in what’s spent before you receive your distribution.

The lawyer who drafted the trust, and if one exists, the will, should be willing to speak with you, IMO. If your mother is able to speak with him with you that’d be helpful. You want to know what all the assets are... some may be titled in the name of the trust, but there may be other assets that haven’t been. Safe deposit box, other accounts, etc. If there is a will, who is the executor?

Look in the trust to see who is the contingent trustee if your brother is not able to perform trustee duties when your mother passes. If there is no contingent trustee and your mom is competent to amend it, get yourself on there as contingent trustee so there’s no question about that.

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