No. of Recommendations: 2
I appreciate the responses. I'm rather unclear on all the particulars, but he wants me to inherit everything and carry out certain other things. I think the meaning of the word executor may have been somewhat lost on him. The bottom line is that he wants me to have everything. <b?The estate is in a trust. My father doesn't want my brother to inherit anything and I told him that I would most likely have to fight him on this; that nameing me executor or PR has a fiduciary responsibility which would entail that I would have to fight my brother should he contest the will; and it's my belief he would. I told him that as much as I want to carry out his wishes, I prefer him to make this thing "non contestable"- I suggested he go to see his attorney on Monday, have her call me and tell her that it may be best to co name me or name me as joint right to survivorship on all assets in lieu of making me the one who inherits.

Ok, you just got me even more confused.

If all his assets are in a trust, then what the will does is completely irrelevant because it doesn't have anything to do with the trust. Sounds like he wants to actually make you beneficiary of the trust, and probably trustee as well. He also needs to make sure that your brother is not a beneficiary of the trust if he doesn't want him to get anything.

With a trust, there is nothing to contest because the terms of the trust are not public, and it is not controlled by the will. It is controlled from the trust document.

This is really way too complicated for anyone on an internet board to help you with. What you really need to do is to have your father go to an estate planning attorney to ensure that his documents [trust, will, etc.] do what he wants them to do. It would be helpful if you could also be there to ask questions so that you understand it all, even if that's just to have you on the phone via conference call because you are far from him.

But this is not straight-forward, and if he has these things he wants to ensure are done, he needs a properly written and executed estate plan with all the docs that go with that. He can't just hope it all happens the way he wants it done by putting it on your shoulders.
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