My question involves estate proceedings in the state of: Kentucky
I am a named beneficiary for a specific amount ($50,000) according to the decedent's trust amendment. I am also named as a caretaker for the decedent's two dogs where a specific amount ($10,000) is to be used to establish a pet trust. The pet trust is very explicit regarding the dog's care, and states that a joint account where I have direct access to the funds is to be set up by the Trustee.
Due to the obvious greed and resentment exhibited shortly after the Settlor's death by her daughter, who is serving as Executrix/Trustee of the estate, I decided to hire an attorney to represent, protect, and enforce my and the dogs' interests and rights as a beneficiary. From the beginning, the communication between our two attorneys was always amicable, with no debate as to whether I and the dogs were entitled to receive the specific monetary distributions per the trust amendment. It seemed my attorney was happy and content just to hear this, but I repeatedly told him it's not the "if" but the "when" that needed to be addressed. I knew the way the daughter was nickel-and-diming her mother's personal property, projecting her own guilt and resentments onto me (her mother's sole caregiver), even to the extent of threatening to call the police over a 4 year old laptop that was given to me by her mother, that she would try everything in her power to delay or exploit some loophole in managing the estate. I won't get more into detail, but I was astonished at her greed. Our communication quickly turned toxic.
The daughter serving as Executrix, upon my lawyer requesting distribution two months after the Settlors death, stated she must wait 6 months to address all debts claimed by debtors. Although I knew the estate valued at approximately 1 million dollars would not be affected by the minuscule claims filed (I was well aware of all outstanding debts at the time of death), I agreed to wait for this 6 months to be over to receive the distributions for myself and the pet trust.
Fast forward 6 months. Waiting period is over and as I expected, there were very few and nominal claims filed against the estate. I emailed the daughter to ask for the distribution. My attorney also contacted her attorney and he said it would happen within two weeks.
Fast forward 1 month. No distribution made, the lawyer has put the life insurance policy disbursement in his escrow account, and still nothing. My attorney's last attempt to reach him ignored.
I will admit that I have recently sent the daughter serving as Trustee/Executrix some pretty straightforward and angry emails, outlining how the dogs are significantly overdue for veterinary care and that I cannot afford to care for them the way her Mom explicitly outlined in the Trust amendment. The last email obviously affected her because shortly thereafter my attorney called to instruct me not to email her anymore until the matter was resolved, saying it could hurt our "negotiations". What part of a dying person's wishes upon their death, and as stated clearly in a Trust document, is negotiable?? Especially when the amounts to be distributed are fixed?
I have had so much anxiety and frustration due to my financial situation and concern for the dogs. It seems this daughter who has minimized, exaggerated, and omitted certain realities regarding the estate and her management of it is acting out of spite now. She stands to inherit over $250,000, yet is trying to make a deal with my attorney to just give me a lump sum less than the amount her mother designated for the pet trust, sidled with the premise that I would not have to give her a quarterly accounting as stipulated in the trust. This "dangling carrot" does not entice me, and while the less I have to deal with this primadonna the better, I have no problem with giving an accounting of my care for the dogs if requested by her. I am already out $600 for their care and although my lawyer instructed me to submit my receipts recently for "immediate reimbursement" per her attorney's email, I have received nothing. So you can imagine this little "deal" they are suggesting really bewilders me.
Her idea of a compromise regarding the pet trust is that she avoids the tax liabilities, costs of administration, and saves time in setting up the pet trust (which according to her and her attorney is a "logistical nightmare"), and in turn writes me a check for less than her mother wanted them to have for their care, and further I would be responsible for the taxes for that lesser amount? I don't think so.
It is my understanding that "remainder" beneficiaries such as this daughter and her three siblings who are also remainder beneficiaries cannot touch their shares of the estate until the specific amounts stated in the trust are distributed. Is this true? I have told her out of frustration that she and her siblings can't get their greedy hands on their Mother's money until I and the dogs receive our distributions. Somehow, I feel she has exploited a loophole regarding this, and is now spitefully delaying distribution. Meanwhile, she is handing out her mothers money to her siblings.
Any help is appreciated. Sorry so long.
I am a named beneficiary for a specific amount ($50,000) according to the decedent's trust amendment. I am also named as a caretaker for the decedent's two dogs where a specific amount ($10,000) is to be used to establish a pet trust. The pet trust is very explicit regarding the dog's care, and states that a joint account where I have direct access to the funds is to be set up by the Trustee.
Due to the obvious greed and resentment exhibited shortly after the Settlor's death by her daughter, who is serving as Executrix/Trustee of the estate, I decided to hire an attorney to represent, protect, and enforce my and the dogs' interests and rights as a beneficiary. From the beginning, the communication between our two attorneys was always amicable, with no debate as to whether I and the dogs were entitled to receive the specific monetary distributions per the trust amendment. It seemed my attorney was happy and content just to hear this, but I repeatedly told him it's not the "if" but the "when" that needed to be addressed. I knew the way the daughter was nickel-and-diming her mother's personal property, projecting her own guilt and resentments onto me (her mother's sole caregiver), even to the extent of threatening to call the police over a 4 year old laptop that was given to me by her mother, that she would try everything in her power to delay or exploit some loophole in managing the estate. I won't get more into detail, but I was astonished at her greed. Our communication quickly turned toxic.
The daughter serving as Executrix, upon my lawyer requesting distribution two months after the Settlors death, stated she must wait 6 months to address all debts claimed by debtors. Although I knew the estate valued at approximately 1 million dollars would not be affected by the minuscule claims filed (I was well aware of all outstanding debts at the time of death), I agreed to wait for this 6 months to be over to receive the distributions for myself and the pet trust.
Fast forward 6 months. Waiting period is over and as I expected, there were very few and nominal claims filed against the estate. I emailed the daughter to ask for the distribution. My attorney also contacted her attorney and he said it would happen within two weeks.
Fast forward 1 month. No distribution made, the lawyer has put the life insurance policy disbursement in his escrow account, and still nothing. My attorney's last attempt to reach him ignored.
I will admit that I have recently sent the daughter serving as Trustee/Executrix some pretty straightforward and angry emails, outlining how the dogs are significantly overdue for veterinary care and that I cannot afford to care for them the way her Mom explicitly outlined in the Trust amendment. The last email obviously affected her because shortly thereafter my attorney called to instruct me not to email her anymore until the matter was resolved, saying it could hurt our "negotiations". What part of a dying person's wishes upon their death, and as stated clearly in a Trust document, is negotiable?? Especially when the amounts to be distributed are fixed?
I have had so much anxiety and frustration due to my financial situation and concern for the dogs. It seems this daughter who has minimized, exaggerated, and omitted certain realities regarding the estate and her management of it is acting out of spite now. She stands to inherit over $250,000, yet is trying to make a deal with my attorney to just give me a lump sum less than the amount her mother designated for the pet trust, sidled with the premise that I would not have to give her a quarterly accounting as stipulated in the trust. This "dangling carrot" does not entice me, and while the less I have to deal with this primadonna the better, I have no problem with giving an accounting of my care for the dogs if requested by her. I am already out $600 for their care and although my lawyer instructed me to submit my receipts recently for "immediate reimbursement" per her attorney's email, I have received nothing. So you can imagine this little "deal" they are suggesting really bewilders me.
Her idea of a compromise regarding the pet trust is that she avoids the tax liabilities, costs of administration, and saves time in setting up the pet trust (which according to her and her attorney is a "logistical nightmare"), and in turn writes me a check for less than her mother wanted them to have for their care, and further I would be responsible for the taxes for that lesser amount? I don't think so.
It is my understanding that "remainder" beneficiaries such as this daughter and her three siblings who are also remainder beneficiaries cannot touch their shares of the estate until the specific amounts stated in the trust are distributed. Is this true? I have told her out of frustration that she and her siblings can't get their greedy hands on their Mother's money until I and the dogs receive our distributions. Somehow, I feel she has exploited a loophole regarding this, and is now spitefully delaying distribution. Meanwhile, she is handing out her mothers money to her siblings.
Any help is appreciated. Sorry so long.
Trusts: Trustee Delaying Distribution - Shady Pet Trust Deal
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