My question involves estate proceedings in the state of: Indiana
I am a successor co Trustee on my father's Trust, other co Trustee is one of my siblings. After my mother died in 2005, the sibling decided that they were going to make a list of everything my parents had done for all siblings(all heirs) over the years. Sibling declared that they had no problem repaying what gifts and loans they had received but only if everyone else repaid everything they had received. I didn't think too much about her saying this because I was successor co Trustee on my father's Trust after my mother passed away, so I assumed that I would be involved if it came to amending the Trust. There were actually documents pertaining to this siblings gifts and loans through the years because they were for starting a business and included interest - but those documents mysteriously came up missing. This sibling removed old bank statements and financial records from my parents house, which were used to make every heirs "gift lists".
When my father recently passed away, the other co Trustee and I went to the attorney's office to start dealing with the Estate/Trust. It was then that I learned that my Father had amended his Trust twice. The first amendment was to change the co Trustees of my father's Trust from my sibling and my mother(who was deceased at this time) to my sibling and my father. I remained successor co Trustee. The second amendment was to add wording that each child's shares of the Trust "were to be reduced by the amounts which I have previously given and continue to give, which I have specifically recorded on a separate document entitled "Gifts to Children". Only such amounts listed are to be considered advancements against any sum the gift recipient would otherwise receive from this Trust as a beneficiary".
Two of the heir's gift lists provided by the attorney say "Gifts to Children" across the top and are in grid form with "date", "check no./cash", "recipient", "amount" and "signature" across the top. The other two heir's lists are simply a list of "expenses" and alleged "income" (repayments) and what the amounts were for - and the names of the respective heirs is penciled in on the top of these two lists. There is a signature at the bottom of these two lists, but one sibling and I do NOT believe that it is my fathers, it looks forged. One of the lists done on the proper forms have numerous signatures that appear to be my fathers, the other one on the proper form has two signatures and they do not look legitimate.
My question - is the fact that two of the heir's lists are not titled "gifts to Children" relevant?
Thanks
I am a successor co Trustee on my father's Trust, other co Trustee is one of my siblings. After my mother died in 2005, the sibling decided that they were going to make a list of everything my parents had done for all siblings(all heirs) over the years. Sibling declared that they had no problem repaying what gifts and loans they had received but only if everyone else repaid everything they had received. I didn't think too much about her saying this because I was successor co Trustee on my father's Trust after my mother passed away, so I assumed that I would be involved if it came to amending the Trust. There were actually documents pertaining to this siblings gifts and loans through the years because they were for starting a business and included interest - but those documents mysteriously came up missing. This sibling removed old bank statements and financial records from my parents house, which were used to make every heirs "gift lists".
When my father recently passed away, the other co Trustee and I went to the attorney's office to start dealing with the Estate/Trust. It was then that I learned that my Father had amended his Trust twice. The first amendment was to change the co Trustees of my father's Trust from my sibling and my mother(who was deceased at this time) to my sibling and my father. I remained successor co Trustee. The second amendment was to add wording that each child's shares of the Trust "were to be reduced by the amounts which I have previously given and continue to give, which I have specifically recorded on a separate document entitled "Gifts to Children". Only such amounts listed are to be considered advancements against any sum the gift recipient would otherwise receive from this Trust as a beneficiary".
Two of the heir's gift lists provided by the attorney say "Gifts to Children" across the top and are in grid form with "date", "check no./cash", "recipient", "amount" and "signature" across the top. The other two heir's lists are simply a list of "expenses" and alleged "income" (repayments) and what the amounts were for - and the names of the respective heirs is penciled in on the top of these two lists. There is a signature at the bottom of these two lists, but one sibling and I do NOT believe that it is my fathers, it looks forged. One of the lists done on the proper forms have numerous signatures that appear to be my fathers, the other one on the proper form has two signatures and they do not look legitimate.
My question - is the fact that two of the heir's lists are not titled "gifts to Children" relevant?
Thanks
Trusts: Specific Wording in Amendment to Trust is Not Followed Through in Correct Manner
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