Distributing Assets Through One Beneficiary

[Music] Hi this is Stuart aalverson with Albertson and Davidson and I want to talk to you about a problem that we do see from time to time in trust and we'll cases and it's a hard one to solve and that has to do where your mom or dad give all of their assets to one sibling and simply tell that sibling hey make sure you give everything in equal shares to your other your sister and brother what we find is is that the sibling that gets all those assets from mom and dad they'll tell mom and dad oh sure I'll make the distribution equally but then when mom and dad aren't there any longer and have passed away that sibling has a change of heart and chooses not to distribute the assets evenly between the siblings these are tough cases they can't you can file a petition with the probate court and under the totality the facts and circumstances witness testimony hopefully some documentary evidence that your parents wanted to treat you all equally you might be able to resolve the matter the better way for this to happen is for you to see this video before your mom and dad pass away and if you hear your mom and dad saying hey I'm just going to give everything to this sibling and they're going to give it out to everybody that's really not a good way to do it it's not fair to that sibling to put them in that type of pressure situation anyway because they're going to be tempted to keep all the assets it'd be much better to have a valid will or a valid trust or perhaps both that shows how the distribution is to go at the date of death that's much better than spending a year and a half or two of litigation trying to determine if in fact the one sibling that did get everything and they were supposed to share that with all the siblings [Music] [Applause] you.