Unless your stepmother provided final instructions in the trust documents to provide for specified charitable deductions, the contributions would be deductible for neither estate nor income taxes. Nothing that can be done now would change that non-deductibility.Do you have a remedy through a lawsuit? Before making distributions for which no direct provisions are made in a an estate/trust; the executor/trustee should have consulted legal consul. If you had done so, and the attorney botched answer to such a basic question, you might have a case against the lawyer. I see no point in suing executor: he is your brother-in-law, he made the same mistake all three of you made, and there is no reason to believe that he should have known better.
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