Dave Ramsey

Non trustworthy trustee

Question: John's father-in-law died in September and left a trust to the wife, who has Alzheimer's disease. John's wife and her brother are the trustees. As it turns out, there may be money being pulled from the trust to help another brother who is unemployed. He's worried about that setting a bad precedent, and Dave almost blows his top here.

Dave Ramsey's advice: Dude, that's ILLEGAL! There's a thing called a fiduciary trust responsibility. These trustees have a responsibility to their mom, who is an Alzheimer's patient, and legally, if they do anything with that money that is not in her best interest, they have broken the law.

Your wife's going to get in a lot of trouble. One of your other siblings is going to turn around and call her out for not taking care of mom as the legally responsible trustee of this trust. It doesn't matter if they were about to die and needed a liver transplant; you cannot use this money for that! It doesn't matter whether the need is legitimate or not. You're going to get sued and end up owning all this money back.

Call the attorney advising you on the estate and see if he doesn't blow a fuse. If somebody else wants to help brother, that's fine; but not from the frickin' trust!

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Horrible tragedy

Question: Darla's stepdad murdered her mom and then committed suicide 2 weeks ago. In the middle of that, she has to figure out what to do financially and legally. Each adult had 4 kids and they owned 40 acres. He didn't put her name on the estate and there was no last will and testament.

Dave Ramsey's advice: She probably had marital rights. Wills are not filed publicly; you have to find a will among their things. Get an attorney that does probate work in the state where this happened, and they will represent you. It sounds like your mom would have appointed you as the executor of the estate, so you'll be the one to go in and organize and figure everything out.

If you do have to file a wrongful death suit against his estate to retain her assets, then you'll have to do that. Get someone with a spine who can give good legal advice here.

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