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41 Years MOM’S TRUSTEE SMELLS A RAT

by William R. Mumbauer - Attorney - www.flwillstrustsprobate.com

A reader asks: My mother had a revocable “Living” Trust prepared. Her Trust distributes all her property equally among my 2 brothers and myself. She recently died. I am the Trustee and when I visited the attorney who prepared my mother’s Trust to find out what I now needed to do, he advised me that an “informal” Trust Administration would be necessary and that he would be happy to represent me for a mere $2,000.00. I think I smell a rat! Is it usual to have to pay an attorney to represent a Trustee after the maker of a Trust dies?

Response: Based on you description of your late mother’s Trust, I think your instincts are correct. Although it is always advisable for Trustees to solicit counsel from professionals such as attorneys and CPA’s as to their duties, in this case I do not believe you received objective advise as it is extremely rare that a Trust Administration for a decedent’s Trust is required, even an “informal” Trust Administration as suggested to you by your late mother’s attorney. When some form of Trust Administration is actually required usually occurs when the Trust beneficiaries are fighting among themselves. Also, sometimes a poorly drafted Trust contains certain provisions which are so ambiguous that the court must get involved to determine the Trust maker’s intent.

Fortunately, the number of predatory attorneys such as the one you sought advice from is small. The vast majority of attorneys will be objective and honest with the Trustee and will explain to them their basic fiduciary responsibilities as Trustee and how to proceed within the law as the maker of Trust desired. After all, the whole reason for your mother having a Trust was to avoid the time and expense incurred by involving attorneys and Courts after her death. You should seek a second opinion.

Mr. Mumbauer, a 5th generation Floridian, has maintained a law practice in Brandon, Florida since 1980 with emphasis on estate planning. Mr. Mumbauer takes special pride in representing the senior community by maintaining a sensitive and practical approach to problem solving. Mr. Mumbauer is a member of the National Academy of Elder Law Attorneys and the Elder Law Section of the Florida Bar. Mr. Mumbauer is also a Mentor in probate law and has been qualified by the Second District Court of Appeal in Florida as an expert witness in matters involving the drafting of Wills. Mr. Mumbauer’s Martindale-Hubbell Peer Review Rating among judges and lawyers for Legal Ability is High to Very High and his General Recommendation Rating is Very High. His articles are based on general principles of law and are not intended to apply to individual circumstances.

CREATIVE CORNER

Friends (The Lonely Palm Tree)

By Chester J. Sudzinski

In the desert stood a tree, Left alone and feeling free. Enjoyed the sun and the little stream, It found its place and felt serene. Many a traveler along the way, Stopped to rest under its shade. They drank and ate and spoke a lot, About their journey to Camelot.

Sun, wind and rain was all it knew, The tree was happy hearing news. Seeds and nuts from travelers’ food Grew to flourish in the lagoon.

At Last! The lonely palm tree found some friends, He called them fruit, And said, AMEN.

For submissions: Send your poem (150 words or less) to editor@ lifestylesafter50.com with the words “Creative Corner” in the subject line.

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