The whole truth and nothing but the truth about my husband, his parents, and me - That Woman.
Monday, November 30, 2015
In which Sam advises Primo to tell Ted to go to heck
Primo is so angry at Ted's email demanding information about the trust and the will that he is talking to his best friend, Sam, who is a lawyer. Sam is telling Primo that he should tell Ted that Primo cannot give legal advice and if he wants to talk to someone about the will and the trust, he should get a lawyer.
Last night, we figured out the discouraging news that the IRA is taxable. So nobody is quitting a job for sure with our new-found wealth.
And now Sam is advising Primo to resign as trustee immediately.
Primo's dad made him a joint owner of a savings account before he died.
The trust mentions that account
Does Primo get to keep the money?
Or does it go to the trust?
That account is specifically mentioned as a joint asset of Sly and Doris that is to be considered as part of the trust
and Ted, as usual, is being an asshole
he is demanding a conference call this week
about how the trust works
and how the expenses work
and how the contents of the house will be disposed of
he told Primo to write a will
I CANNOT STAND THAT GUY
he wants to talk about a letter Sly wrote in 2005
I am looking at the trust agreement. There may be a conflict between the trust agreement, and how the account passes by operation of Florida law, which might establish that Primo would take ownership as a joint owner. This is something the lawyer should probably tell you. Because Ted is not a beneficiary under the Will, he really has no right to have Primo tell him anything.
Primo should not give him advice on how the trust or will works. Nor would any estate lawyer advise him on that, because his duties are solely to the estate. So Ted needs to get his own lawyer if he wants to ask questions and get answers. If Primo wants to talk about this, have him give me a call. I'm at home, & I hate long Facebook messages.
OK - just showed this to Primo. Thank you so much.
We just now got the email from Ted and are both fuming.
The man has filmed brain surgery. Surely he can interpret a legal document.
It may also depend on exactly how the bank account is titled. If it is joint tenancy with right of survivorship, he may actually have precedence over the trust. However I would generally expect the trust to prevail. The estate lawyer can tell you this pretty easily because I'm sure it has happened before.
If I were Primo, I would write back saying quote I am NOT a lawyer, & I am not in a position to give you legal advice about how the Trust works, or any interpretation.
All the more reason for Primo not to serve as trustee for the grandchildren. If Ted wants to screw up the grandchildren by pressing the trustee, that should be on him and not on Primo. Or on a successor trustee
Two weeks before our wedding, my husband's parents called to tell him 1. they weren't coming and 2. he shouldn't marry me. Since then, I have gotten along with them about as well as you might think. PS They died hating me and disinherited my husband. PPS None of this is made up.
And now, Primo is running for state-level public office for the November 2018 election. And - it's not fun. For either of us.