I am replying to Diana S questions of me the 'childrens inheritance' questions...in her answer.?
The state is Washington. Yes, in the will there was a percentage amount given to each person named in the will. It states in documents that this trust should sustain the family and that the trustee should be taking care that this is how it is being handled and cared for. And also that the trustee is bound to do this rather than spend it like they are. It also says that there may be distributions to family members and that there is also emergent funds available. found out years later about there also being 2-4 trusts that are part of or came out of the same monies/properties. 1 or 2 under my husbands mothers name and 1-2 under her fathers name. (one being a living trust) Am I satisfactory answering your questions?
Answers:
You are either mixing up terminologies, or not getting the facts correct.
A living trust is one created while the person who started it is still alive. A living trust cannot be created by a will. That's called a testamentary trust. And a trust is different than a direct distribution under a will.
A will may either (1) give property directly and immediately, or (2) put property into a trust for later distribution. In the first case, the executor of the estate handles the property transfer when the will finishes probate. In the second, the executor is responsible for creating the trust, and transferring the property to the control of the trustee.
If a trustee is not performing the requirements of the trust, or abusing their power as trustees, then the beneficiaries of that trust can sue the trustee for breach of fiduciary duty. But only the beneficiaries (or their legal guardians) can bring suit.
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