A poorly drafted trust with an unusual stipulation nearly resulted in Jack Brandt losing his inheritance.

Riverside County police officer Jack Brandt and his three sisters were appointed co-trustees of their parent’s trust, with the understanding that each sibling would receive equal shares of the trust upon their parent’s deaths. However, after both parents passed away, Jack’s sisters relied on an unusual provision that appeared to allow for a majority rule for control of what happened inside the trust, thus shutting Jack out of every step of the process as a result. Upon recommendations from other attorneys, Jack contracted Scott Grossman for help.

When Jack’s sisters projected an unrealistic sales price for their parent’s primary residence in a declining market, Mr. Grossman filed a petition with the probate court to force the sale of the property at auction and allow for equal distribution of all of the estate’s property.

The judge subsequently ordered mediation prior to scheduling a trial date. By the time mediation took place, comps on the home indicated an $86,000 difference between the sister’s projected sales price and the actual value of the home.

Mediation took place and the parties successfully came to an agreement. The mediation agreement included the estate being responsible for paying Jack’s attorney fees and costs, as well as the parent’s residence being sold at auction providing Jack his equal share of the estate. A change in the trust’s majority rule provision was also agreed upon, resulting in all co-trustees receiving equal control of the trust.

As a police officer, Jack Brandt spent a great deal of time working with attorneys throughout his career, but found Scott Grossman to be a cut above the rest. Click on this link to hear about Jack’s experience in his own words:

For many years, everyone knew it was the intention of Leona Lusk to split her estate in equal shares among her four children, Terry Lusk’s father being one of them. However, Terry’s father died before Leona resulting in Terry and his siblings now being the benefactors of his father’s share of the estate. Picture their surprise when they learned after their grandmother’s death that a new estate plan was in place with a new sole beneficiary.