Grandmother & grandfather Die - leave trust for remaining 2 sons

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jleggett007

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My grandmother and my grandfather passed away and left a trust for both my Father and my uncle.

My grandfather left a substantial amount in the trust and there was instructions with the trust for the money to be divided evenly between both sons once both parents passed away.

My grandfather died 2 years ago, leaving my grandmother in ailing health. She lasted a year, but a month or so before she passed away my uncle convinced her that my father was unable to care for his own half of the money, and talked her into signing paperwork appointing him as trustee of the entire estate, with my father as the beneficiary of half.

Since her passing, my uncle has been spoon feeding him small amounts of money each month without disclosing the full amount he is to receive, or allowing him to have the full amount owed him.

My father has some issues where he needs a little living assistance, but nothing medically mandated. He is more than capable of physically and mentally handling his own livelihood and his own money. My uncle says that he is afraid my father will take all the money and spend it away and end up on the street, homeless and destitute.

Today, after talking with my uncle, he has told us that there is not a "trust" and that all the money is in his control and that he essentially "gifts" my father each month with the money he "needs".

Myself and my father feel we are being lied to by my uncle. I know there was a trust because I saw it with my own eyes. We don't know what authority he really has in this situation and as an executor or trustee doesn't he have an obligation to fulfill the wishes on the trust? How can we make sure my father is getting what is rightfully his?

Also, can you please explain any angles to this situation that we may not understand or think of when dealing with the trust?

Thanks!
 
This

signing paperwork appointing him as trustee of the entire estate, with my father as the beneficiary of half.

and this
he has told us that there is not a "trust" and that all the money is in his control and that he essentially "gifts" my father each month with the money he "needs"
contradict each other.

We don't know what authority he really has in this situation and as an executor or trustee doesn't he have an obligation to fulfill the wishes on the trust? How can we make sure my father is getting what is rightfully his?

If there's a trust, he is obliged to fulfill it. There seems to be disagreement about whether there is. If there is, it is also uncertain what it's terms are. Your father can ensure he is getting what is rightfully his ascertaining the terms of the trust, if any. He should contact an estates lawyer.
 
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