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Promise of a Sum of Money from a Trust, Not Described in the Trust Instrument

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  • 01-25-2014, 01:52 PM
    _zardoz_
    Promise of a Sum of Money from a Trust, Not Described in the Trust Instrument
    My question involves estate proceedings in the state of: Maryland

    After my dad passed my sister, the sole trustee of his trust, informed me in an email that he had asked her to provide me a sum of money for a car that I can ask her for at any time. This sum of money for the car is not in the trust document and I asked her about this and she said that there is nothing in writing and there are no conditions or stipulations regarding the funds.

    Is her email binding – I mean how do I protect this sum, or should I ask for it right away?

    Anything I should be aware of upon reception of the funds or what to know as far as taxes etc.?

    Thank You
  • 01-25-2014, 04:47 PM
    Disagreeable
    Re: Trustee Indicates Sum of Money for Me That is Not in Trust Docment - Verbal Only
    The trust documents are binding. They do not supersede hearsay. An email can be spoofed. As noted it was asked not ordered.
  • 01-25-2014, 09:04 PM
    Mr. Knowitall
    Re: Promise of a Sum of Money from a Trust, Not Described in the Trust Instrument
    Quote:

    Quoting _zardoz_
    View Post
    After my dad passed my sister, the sole trustee of his trust, informed me in an email that he had asked her to provide me a sum of money for a car that I can ask her for at any time. This sum of money for the car is not in the trust document and I asked her about this and she said that there is nothing in writing and there are no conditions or stipulations regarding the funds.

    Are you telling us that this gift is discretionary under the terms of the trust, or are you telling us that the trustee would violate the terms of the trust if she were to give you the money? Are there any other beneficiaries, other than you and your sister?
    Quote:

    Quoting _zardoz_
    Is her email binding – I mean how do I protect this sum, or should I ask for it right away?

    If the trust does not compel the gift, then even if the distribution is authorized by general language it would normally be within the trustee's authority to decline to exercise that discretionary power. It's unlikely that you could compel her to give you the money if she later changes her mind, but that's something that can only be determined based on a review of the documentation. Is there a reason you don't want to ask for the money?
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