How much decision making power does an in-law have when dividing property from a trust/estate?

UPDATED: Dec 20, 2011

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How much decision making power does an in-law have when dividing property from a trust/estate?

Our parents trust states that all property be shared equally between 3 living children. An in-law is making decisions about property items without first consulting the other children. What legal rights does this person have?

Asked on December 20, 2011 under Estate Planning, Ohio


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

Legally, the in-law has no say having any weight at all if he or she is not an heir under the parents' trust with respect to dividing up the assets between the three (3) heirs under the document.

The in-law can give suggestions but none of the heirs have to agree with whatever suggestion is given. In a nutshell, the in-law has no legal rights to make any decision unless the trust that you have written about specifically states that this person has some sort of a decision making ability with respect to it.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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