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trusts

Q&A: Can stepmother prevent siblings from sharing their inheritance?

February 24, 2025 By Liz Weston

Dear Liz: My father passed away in May of last year. In his trust, he intentionally left out one of my four children. The remaining three, who were to inherit a substantial sum, decided to pool their money and share it with their excluded sibling.

My stepmother, who is in charge of his trust, has told other recipients of his largess that she will not be distributing any money to my children. She claims that their decision to give money to their sibling is a violation of my father’s wishes. Can she do this legally and would there be any consequences to her for doing this?

Answer: That depends on the trust’s language. Your father may have granted your stepmother the power to make discretionary distributions, or may have explicitly stated that distributions could be withheld from your children if they planned to share with the disinherited grandchild.

That’s not the norm, however. If the trust requires her to distribute the money and she fails to do so, your children could sue her for breaching her fiduciary duties and ask a court to replace her as trustee, says Jennifer Sawday, an estate planning attorney in Long Beach. If your stepmother’s attorney hasn’t explained this to her already, your kids may need to hire one who will.

The unanswered question: Why did your kids make their plan known, rather than simply waiting close-mouthed until the money was distributed? Perhaps they wanted to make a show of solidarity with their sibling, but the smarter course would have been to keep their intentions under wraps until the money landed in their accounts and was theirs to spend however they saw fit.

Filed Under: Inheritance, Legal Matters, Q&A Tagged With: Estate Planning, sharing an inheritance, trustees, trusts

This week’s money news

May 8, 2023 By Liz Weston

This week’s top story: Smart Money podcast on the future of college debt, and rent vs. buy (with a dog). In other news: Record levels of debt, how trusts can support loved ones with mental illness, and Fed has ‘moved a long way’ but doesn’t promise rate hike pause.

Smart Money Podcast: The Future of College Debt, and Rent vs. Buy (With a Dog)
This week’s episode starts with a discussion on the future of college debt.

The Worst Inflation of All: Record Levels of Debt
Money News & Moves: Battle adding more debt, and if you’re struggling to pay bills on time, take action in days, not weeks.

How Trusts Can Support Loved Ones With Mental Illness
Setting up a loved one with a mental illness for financial stability often requires an estate planning tool like a trust.

Fed Has ‘Moved a Long Way’ — But Doesn’t Promise Rate Hike Pause
The federal funds rate level is now 5% to 5.25%.

Filed Under: Liz's Blog Tagged With: college debt, federal funds rate, inflation, Smart Money podcast, trusts

Q&A: Updating old trusts, estate plans

May 16, 2022 By Liz Weston

Dear Liz: I am 97 with two sons and have a trust prepared in 1991, shortly before my husband died. You warned there can be problems with bypass trusts created in older estate plans. I suspect that’s what I have. The attorney who created my trust died years ago, so I asked my son to do the research. He found an attorney near where I live who told us we should terminate my existing trust. We’re told it would avoid capital gains and my sons would enjoy a stepped-up basis in the assets. The charge would be close to $5,000. If I do nothing, the assets transferred to my sons will have no stepped-up basis and will incur capital gains taxes. I am thinking of a second opinion.

Answer: A second opinion might be a good idea, but please don’t delay. Your sons could wind up paying a potentially large and unnecessary tax bill if you don’t take action soon.

As mentioned in previous columns, bypass trusts were a common feature in estate plans back when the exemption limit was much lower. Although the trusts still have their uses, they’re often not necessary and cause problems for survivors and heirs.

Estate plans should be revisited after a major life change, a revision in estate tax laws or five years, whichever comes first.

Filed Under: Estate planning, Q&A Tagged With: Estate Planning, q&a, trusts

Q&A: Sorting out trust confusion

April 4, 2022 By Liz Weston

Dear Liz: In a recent column you wrote of bypass trusts that “for many people this estate planning tool has outlived its usefulness.” In California, a trust avoids probate. Isn’t avoiding probate a reason to continue with a trust?

Answer: What you’re referring to is a living trust — a revocable (which means changeable) trust created while someone is alive. A bypass trust is irrevocable (which means not changeable) and typically goes into effect when someone dies. To further complicate matters, a living trust or a will can have provisions that create a bypass trust after someone dies.

Living trusts are indeed designed to avoid probate, the court process that otherwise follows death to settle an estate. Living trusts remain useful to many people who live in states where probate can be expensive and prolonged, such as California and Florida. Living trusts are also private, unlike wills, which typically become public record after death, and so are favored by people who want to avoid publicity.

Bypass trusts, on the other hand, were primarily designed to minimize or avoid estate taxes, which are no longer a concern for the vast majority of people. Bypass trusts have a number of disadvantages, so if you have one in your estate plan, you’ll want to consult an experienced estate planning attorney about whether to keep it.

Filed Under: Estate planning, Q&A Tagged With: Estate Planning, q&a, trusts

Q&A: When to consider creating a trust

March 5, 2018 By Liz Weston

Dear Liz: You’ve written about trusts recently, but I’m confused. What are the benefits of creating a trust and putting all of your assets in it? Does it make sense for someone in their 30s and without any major assets, such as a house, to create a trust? Will I need to create a new trust if I get married?

Answer: There are many different types of trusts, but they’re typically designed to protect assets in one way or another. If you don’t have a lot of assets, you may not need a trust — at least not yet.

One of the most common types of trusts is a revocable living trust, which is designed to avoid the potential costs and delays of probate, the court process that otherwise follows death. In some states, probate is not that big a deal, while in others, including California, probate can be lengthy and expensive.

It’s often possible to avoid probate using beneficiary designations on financial accounts and, in some states, on property including vehicles and real estate. That may be sufficient for small estates or people just starting out. Once you have a home and some assets you’ll want to investigate whether a living trust makes sense.

Filed Under: Estate planning, Q&A Tagged With: Estate Planning, q&a, trusts

Monday’s need-to-know money news

November 3, 2014 By Liz Weston

Zemanta Related Posts ThumbnailToday’s top story: How to save money on your upcoming tax bill. Also in the news: Tracking your wasteful spending, how to get the best deal on car insurance, and why it pays to shop around for Medicare insurance plans.

7 Money-Saving Tips to Cut Your Tax Bill
How to make tax season a little less painful.

How to Track Your Most Ridiculously Wasteful Spending
Shame yourself into frugality.

Here’s How to Get the Best Deal on Car Insurance – Eventually
The older you get, the less you’ll pay.

It pays to shop for Medicare insurance plans
Welcome to open enrollment season.

Parents of special needs kids can bank on trusts
Providing for your child’s needs after you’re gone.

Filed Under: Liz's Blog Tagged With: budgets, car insurance, health insurance, Medicare, open enrollment, special needs trusts, tax savings, trusts

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