Successor trustee does not have authority to change terms of mother’s trust
Q: My mother died a few months ago. She had a living trust leaving everything equally to me and my half-brother. He was named successor trustee, I assume because he lives in the States. I'm in the military, stationed in the Mideast. I've now learned that he's been distributing mom's assets not per her wishes, but instead, giving himself a lot more, and keeping some assets, like mom's brokerage account, solely for himself. I reached him last week to ask about this. He said that as successor trustee he has the authority to make changes to the terms of her trust. That doesn't sound right to me. What can I do now, especially given the distance? I won't be home until late 2020.
A: A successor trustee does not ordinarily have the right to change the terms of the trust. Once your mother died, the trust became irrevocable. As successor trustee, your half-brother has a fiduciary duty to faithfully carry out the terms of the trust as written. Occasionally, a trust is written to allow a successor trustee to make changes to the trust terms. But that is unusual, and unlikely to be the case here.
In any event, you have rights as a beneficiary. You should do exactly what you would do if you were located Stateside: get a copy of the trust to determine if he has legal authority to change the terms. If he doesn't, which is probably the case, you can then inform him of that. Maybe your half-brother genuinely does not know his legal limitations and once you tell him, he'll set things right. But if he will not cooperate - either because he thinks you're wrong or is trying to pull a fast one - you may need to get help from an estate litigation lawyer. Hopefully it won't come to that. But if it does, we can provide you with further direction.
______________________________
Have a question? Contact us here.
___
(c)2019 The Palm Beach Post (West Palm Beach, Fla.)
Visit The Palm Beach Post (West Palm Beach, Fla.) at www.palmbeachpost.com
Distributed by Tribune Content Agency, LLC.



Fire has industry rethinking guidance to dump burning trash
OPINION: Bernard Schoenburg: Retired UAW national organizing director taking on LaHood in 18th
Advisor News
- Report: Many Americans paying up to 45% of annual income on auto loans
- Latest state budget raises taxes on Californians, ignores voter priorities
- What advisors and clients must know about Roth conversions
- Worker retirement confidence dips to lowest level in a decade
- What’s behind private equity investment in insurance brokerages
More Advisor NewsAnnuity News
- Globe Life Inc. (NYSE: GL) Making Surprising Moves in Tuesday Session
- Why annuities are gaining traction with younger investors
- Best’s Special Report: U.S. Life/Annuity Industry Sees Bottom-Line Growth Despite 18% Decline in Total Income in First-Quarter 2026
- Globe Life Inc. (NYSE: GL) Records 52-Week High Thursday Morning
- Fortitude Re Completes $500 Million FABN Issuance
More Annuity NewsHealth/Employee Benefits News
- US: Millions Lost Health Insurance When Subsidies Expired
- Oak Lawn methadone clinic owner used millions in Medicaid fraud scheme to buy yacht, cars, jewelry, feds say
- Wyoming lawmakers mull solutions to rising healthcare costs
- Findings from RAND Corporation Yields New Findings on Managed Care (Access To Routine Primary Healthcare and Past-year Dental Visits: Results From the 2017-2020 National Health and Nutrition Examination Survey): Managed Care
- Reports Summarize Economics Study Results from Harvard Medical School (Regulated Competition In Health Insurance Markets On Two Sides of the Atlantic): Economics
More Health/Employee Benefits NewsLife Insurance News
- Avoid the ‘summertime slump:’ Strategies to remain productive
- Globe Life Inc. (NYSE: GL) Making Surprising Moves in Tuesday Session
- Symetra Partners with PlanSource to Streamline Workforce Benefits Administration
- Royal Neighbors of America achieves record growth
- Only 1 in 4 Americans Think Now Is A Good Time To Invest, Allianz Life Study Finds
More Life Insurance News