Fidiciary Duty

Bes — Sat, 23 May 2009 15:08:31 GMT

My deceased husband's son is the executor of his estate and the trustee. I am not in the will or the trust other that the following addendum.

My husband had an addendum added to his trust which states that I, the wife, upon his death, could live in the principle residence at "no cost" for two years, costs include but not limited to, Snow removal, repairs, utilities, mortgage, taxes, yard...

My husbands son is claiming that the addendum does not specifically mention cleaning or the house manager, of which I have both, well before my husbands death. Is this a breach of fidiciary duty? Also, the lawyer who represents my husband's son was the same lawyer who wrote up the addendum for me and my husband that states I could live in the prinicple residence and no cost.... Is this ethicle? Can the lawyer be removed?

This dispute has been going on for nearly 7 months with no agreement. I would like to file a claim against the son for not fulfilling his Fid. duty.

Also, I have paid several utility bills and repair bills, sent him the proof of payment but he has not reimbursed me for almost 2 months now?

Thanks

RE: Fidiciary Duty

lawbug — Sat, 23 May 2009 17:39:16 GMT

This is a catch 22 as the will reads is this your natural born child or is it his by marriage, was this will written up by him single or married, and in ehat State are we talking. To me it sounds like there is more than just one marriage. And possable by the text of it was this your husbands wiches or was the son holdiing his hand when this will was written. It may be a corhiresd type of a will where the son made the dicesions for his dad.

RE: Fidiciary Duty

Bes — Sat, 23 May 2009 18:15:27 GMT

This will was written over 10 years ago when my deceased husband was single but had 3 children, 2 younger from one marriage, and the oldest (Not my biologicial son) from another marriage, who is the executor and trustee of estate and the guardian of the two kids until ages 25. This is all taking place in Ohio.

My husband and I were married 3 yrs Oct 05 until his death Oct 08.

But what does this have to do with his fidiciary duty to me through the addendum to the trust and the unethicalness of his lawyer who drafted up the addendum to my husband's trust and also wrote up many of my personal documents ie. will, trust etc. during my marriage to my husband? The addendum states he has to pay the living expenses at the home for 2 years and that I can live there at no cost

to me during the two years? How can he pick and choose what those expenses are? it says at no cost to me. Can a law suit be filed against him for breach of fid. duty?

RE: Fidiciary Duty

lawbug — Sat, 23 May 2009 20:49:01 GMT

Being from Ohio it sounds to me that the will was written up by the son and he had prior knowlage of the ifs ands or wheres of this matter but you are cought in the middle of a matter of ( an addendum added to his trust which states that I, the wife, upon his death, could live in the principle residence at "no cost" for two years, costs include but not limited to, Snow removal, repairs, utilities, mortgage, taxes, yard...) to the fact of pick and choose you may be cought as this is a son who wants all he can get. But he is to act loyally and honestly eith respect to the interests of anouther ;the duity the law imposes upon a fiduciary. Being that he should have a bond required of a fiduciary as a condition of managing an estate. Yes it may be possable you can sue him or the estate or both but i strongly reccomend using a different lawyer as you may trust this lawyer it is reccommened that you get a second openion but also find out who the bonding company is, as to some times he may have been the his own bonding company, as he may have the money to have posted his own bond. Now if that bond is good only for the time period of setteling the estate you may be out of luck. Also keep in mind in the 10 years the changes made in Ohio laws may not be valid now as they were then. Do your self a favor and get a second openion to be on the safe side this could also be your stepsons attorney also. So he may know both sides of this matter before you even ask for his openion seek anouther attorneys advise in Ohio.

RE: Fidiciary Duty

tyrebitre — Sun, 24 May 2009 04:45:46 GMT

While you can't add items beyond those which were considered a normal and customary part and expense of running your household, nor can he refuse to pay them simply because they were not specifically listed: this was covered by the "including, but not limited too" clause. So, while you can't add a swimming pool at your stepson's expense, he can't refuse to pay for cleaning and maintenance of an existing pool. Since the maid service and house manager were in place prior to your husband's death, stepson gets to pay for them - and for the utilities and repairs you paid for. Sic your lawyer on him - he already doesn't like you, so, although there is no reason to be nasty, there is no reason to be nice either - be fair instead.

RE: Fidiciary Duty

Bes — Sun, 24 May 2009 14:57:29 GMT

thanks.

RE: Fidiciary Duty

Pina — Fri, 05 Jun 2009 10:22:29 GMT

Yep, I totally agree, you've got to have your lawyer set things up so that bills are paid automatically and you don't have to go 'begging' and photocopying bills and waiting for payment. Perhaps it can be set up so that the lawyer receives the bills and is responsible to pay them out of an account that would be set up for the house.

This was your husband's way of taking care of you after he was gone.

However, I do think it would be nice if you tried to cut down on some expenses to show that you are not trying to take anyone for a ride.

Meanwhile, you need to think about how you are going to live after these two years are up.