Can my father use my deceased mom’s inheritance from her mother, ifmy momrequested it be left to her kids?

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Can my father use my deceased mom’s inheritance from her mother, ifmy momrequested it be left to her kids?

My adopted father has a trust that includes $550,000 that my mom left to him to be given to her 3 kids in the event that he didn’t need it (which he clearly doesn’t). He has already amended the trust and it is down to $300,000. Do we have any recourse?

Asked on July 13, 2011 under Estate Planning, Oregon

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Oh my goodness.  I am so sorry for your loss and for the situation as it now stands.  You need to bring a copy of the trust document to an attorney to review.  A trustee is permitted great leeway to amend and invade a trust but they are limited by the trust document in most instances.  I is unclear here who the trust is really for and what its intended use is and who the intended beneficiaries are.  I understand that the money was her inheritance but if she funded the trust with it and left it to your step father then it is not considered inherited money at this point in time.  Please get help.  Good luck. 


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