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  1. #1
    Join Date
    Jan 2014
    Posts
    3

    Default 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

  2. #2
    Join Date
    Sep 2011
    Location
    OH10
    Posts
    17,019

    Default 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.

  3. #3
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default 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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