Estate, Trust and the law

NBC

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Mar 8, 2007
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190
I will keep this short (the full detail is available offline, some info might be privalged). I do have to add that in no way can I personally benifit from the below, nor do I want to. I also tried to steer clear of this because of the headaches and drama it brings.

She is both an executor of the estate and a trustee of the trust. She is also the main capital beneficiary.

My mom-in-law's estate has still not been finalized after more than 7 years. Yes, no a typo, more than 7 years. A trust as been set up as part of the will, which is supposed to manage her well-being from the estate's funds. This is happening by means of interest free loans from the estate's investment. And not small change either. Most of the loans have been towards her benefit though. The trust deed has been changed with strategically changed wording, but with major consequences, another trustee appointed way outside the alotted time frame (with disregard for what the will specifies), and the poor woman gets treated like toiletpaper. To the point where she does not want to deal with the poeple supposed to look after her.

I have a lot of questions and tried to educate myself in terms of the finances and what the law is surrounding trusts. My question is, how do I go about removing a dodgy trustee and executor from this whole situation? I have explored some avenues (legal and informal enquiries), and short of spending mountains of money on advocates, I don't see a way out for her? With the master of the court's offices being like CFR these days, I don't know if it is advisable approaching them either.

How do I help this old lady without breaking the bank, and doing it by the book? If anyone has advice, or can part with some time to steer me in the right direction, I would be utterly grateful. I don't know where to help or how to. These people are ripping her off - they have been paid nearly R700k JUST as an executor's fee. The other fees I am still counting. The conculsion of the will has been promised for years, but it's just not happening.

Anoyone, with any advice, or anyone I can speak to, I would be eternally grateful. I am also more than willing to disclose more information, but offline or in a private message.

Thank you in advance.
 

Gordon_R

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Jul 5, 2009
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I have no words of encouragement, except to say this is not a new problem. Charles Dickens wrote about it 150 years ago:
Jarndyce v Jarndyce concerns the fate of a large inheritance. The case has dragged on for many generations before the action of the novel, so that, late in the narrative, legal costs have devoured the whole estate, rendering the final verdict moot. Dickens used it to attack the chancery court system as being almost completely worthless, as any "honourable man among its practitioners" says, "Suffer any wrong that can be done you rather than come here!"
 
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Speedster

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May 2, 2006
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Short, you say?

Anyway, your mom in law passed away seven years ago. Who is the other "she" in the story?

With regards to the appointment and removal of trustees, the starting point would be to see what the trust deed specifies.
 

Gordon_R

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Jul 5, 2009
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Short, you say?

Anyway, your mom in law passed away seven years ago. Who is the other "she" in the story?

With regards to the appointment and removal of trustees, the starting point would be to see what the trust deed specifies.

My reading is the opposite, the mother in law could be the beneficiary of her deceased husband's estate.

Anyway the point is you cannot expect legal advice about a complex case on a public forum.
 

NBC

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Mar 8, 2007
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190
My reading is the opposite, the mother in law could be the beneficiary of her deceased husband's estate.

Anyway the point is you cannot expect legal advice about a complex case on a public forum.
Correct about my mom-in-law, and I realize that. I am just hoping that is something she can do about it.

Short, you say?

Anyway, your mom in law passed away seven years ago. Who is the other "she" in the story?

With regards to the appointment and removal of trustees, the starting point would be to see what the trust deed specifies.
Yes, you should see the stack of paperwork... My father-in-law passwed in 2014. My mom-in-law is supposed to enjoy her retirement, now she is stuck with this sh... So there is no other "she".

I have caught the other trustees more than a few times, just in the past 6 months, where they either screw up the amounts (R500k where a property was in question) when doing transactions, or admin just goes "missing", computer crashed, etc. This is really concerning to say the least. One of the admin ladies, who is now also a CFP, has criminal charges pending against her for fraud.

This is a really crappy (and noted, complicated) situation, but I cannot let "professionals" F up the last few years of an old person like this. Ideally, I would like to see them relived of all their duties, and the financial and legal responsibilities being given to a company completely impartial and independent. As it stands, they can veto and vote her out if they wish. The original trust deed prohinited this, but was changed for some reason to allow it.
 

ProfA

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Jul 15, 2008
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13,408
This is why you NEVER leave your estate in the hands of strangers. Executor is a trusted friend or family member. ALWAYS. Not a lawyer or even worse the fcking bank. Unfortunately your only solution is the legal one. And it can and will probably bankrupt you. Lawyers and advocates are truly the scum of the earth next to car salesman and estate agents.
 
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