Guide me on being a better Trustee for my brothers inheritance

joshua1991

New member
I've been managing my brothers finances for over a decade and also a Trust for his inheritance for the last year. I'm running into some difficulties with the Trust.

My brother is irresponsible with money dur to a lifetime of poverty and mental health issues. I had arranged for my parents to advance him some money over the last decade starting with $500 a month. Over that decade things were rather calm and my brothers need were met without to much drama. The came the inheritance. nearly $300K worth. My brother is 70 and I built a budget so that the money would support him in the same way the advances were with more money than he was getting before. Unfortunately, while spending the advances, he was self regulating as he was spending my parents money. That all changed with the Trust. The reason the Trust was created was to avoid this issue. He has access to credit and he is spending like crazy. 3x what he was before and it's accelerating. He continually says to me that it's his money. While that may be technically true, the purpose of the trust was to ensure he was supported well into his eighties.

Enough context.

I feel I need to start acting like a professional Public Trustee. I intend to take courses and whatever might be necessary to allow me to get a business license in that field. I will then perform my duties and charge fees, pay taxes, and even claim deductions for work space and out of pocket expenses. The alternative is that I resign as his Trustee and hire a 3rd party Public Trustee to oversee the funds. I'd rather not waste funds on that. Minimum 5K/y managements fees for example.

Please help me to help my brother better.
 
@vadoons I've found using reddit is a good way to formalize my thoughts and I have gotten a lot of good advice, especially on financial matters. I'm good enough and wise enough to know the difference (most of the time)

Your advice to stay away from Reddit is actually good advice for example (ironic).

Talking to a Lawyer is actually a given, but not a thought I had fleshed out, thanks.

Talking to a financial advisor? If the one's I used to setup the Trust in the first place are indicative of the breed, Reddit is better.
 
@vadoons It isn't really the financial planning that is the issue.

It's how to act like a professional and hold my brother to a budget.

I've already decided to start charging fees, that way the fund will deplete more quickly and maybe he'll get the message. Unknown to him, the fees will be squirreled away for the future but out of sight out of mind.

I already read him the riot act and we are having a budget meeting on Wed and he will be required to sign the document that results. I can't think of any way to penalize him if he overspends. Bankruptcy isn't an option when he has accessible funds. I don't have Power of Attorney to cancel his credit but that may be where I need to go.

If I didn't mention it yet, he is 70 years old, I'm 60, and he has mental health issues (BiPolar). BiPolar people are notoriously bad with money when the are Manic
 
@joshua1991 Trusts are typically set up to control the intent of the inheritance, they can be very specific and limiting to beneficiaries for their own good. If this was not set up, it’s quite dangerous to get in the way - please speak to your lawyer who can review the legality of what you’re proposing, as executors and trustees are becoming more and more prone to litigation these days.
 
@hitch0403 I was given no limits other than my fiduciary duty to the beneficiary. I intend to give my brother a choice, accept my terms or I will resign and he can deal with someone else which I strongly suspect would be a worse outcome for him. Your comment about litigation would seem to support this belief.

Your caution is noted, I feel my existing process of getting documented and signed approval from my brother will negate the negatives.

Any thoughts on where to train myself to a higher standard?

Any thoughts on starting my own business for this?
 

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