QUESTION

Should I seek counsel as the beneficiary of a trust?

Asked on Mar 25th, 2013 on Trusts and Estates - California
More details to this question:
My father died in July 2011. The Estate is in the form of a bypass and regular trust which I believe is called an AB trust. My mother is the trustee of both. I don't suspect her of any untoward action, but I think this arrangement is a huge mistake. She is the worst person to serve as the trustee of an estate based on her complete ignorance about all financial matters, which she left to my father for 45 years. In addition, the relationship is strained between me and my brother; me and my mother, it's complicated. Finally, the attorney who is advising the family about the trust issues is a very very close family friend. I also think that this is a mistake. I am seeking advice about how to go about acting in my best interest and making sure that the trust is managed in a fiduciary correct manner. I also have some factual questions about the way that this type of trust works that I have not been able to find the answers to elsewhere. Thank you very much.
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1 ANSWER

You have a loaded situation there for sure.  I do think it's a good idea to consult with your own estate attorney. Just so you have a good understanding of everything and to see what options you may have (if any).  Though there are likely no contest clauses in place it is NOT a "contest" to hire your own counsel. You have that right and probably should take advantage of it. Good luck. 
Answered on Mar 25th, 2013 at 3:29 PM

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