It was not stipulated in will if any of us die before the 5 years are up! It also doesn’t say pay to next of kin in the will it only states the money is divided 1/3 each! What do we do because my brother in law is asking for the money!
ATTORNEY ANSWER BY MARGARET L. CROSS-BELIVEAU:
You need to consult with a probate attorney to review the will and its testamentary trust. A certain word may be meaningless to you as a lay person but have legal meaning. If the testamentary trust truly does not have succession instructions, you may need to request instructions from the court. You should not make any distributions until you have sought counsel.
Legal Disclaimer: Please note that this answer does not constitute legal advice, and should not be relied on since each situation is fact specific, and it is impossible to evaluate a legal problem without a comprehensive consultation and review of all the facts and documents at issue. This answer does not create an attorney-client relationship. A lawyer experienced in the subject area and licensed to practice in the jurisdiction should be consulted for legal advice.
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The estate administration attorneys at the Beliveau Law Group provide legal services for probate, estate administration, and trust administration. The law firm has offices and attorneys in Naples, Florida; Waltham, Massachusetts; and Salem, New Hampshire.