Situation: Grandmother & my sibling passed away at the same time last Oct. I am one of two beneficiaries to Grans Estate.
1 - I have yet to receive a COMPLETE copy of trust, specifically the schedule of assets.
2- The accounting I received (after insisting on it) of the trust is shoddy (missing check numbers, no indication of what some checks were issued for).
3- Gran had annuities & life ins that sibling was sole beneficiary. Annuities were not part of the trust. Do the proceeds go to her Estate as there is no living beneficiary?
Frustrated and unsure of how to proceed - is there someone out there with some advice (besides to tell me to just call an attorney.). Thanks.
2006-09-27 07:16:25 · 4 answers · asked by slwilson1966 2 in Politics & Government ➔ Law & Ethics
The earlier answer is correct. You are talking about subtle and complex aspects of trust and estate law, and dealing with procedural challenges to trustee conduct. You can bet the trustee is going to have an attorney, if you challenge their conduct. Trying to do this without an attorney if your own is not good odds for you.
2006-09-27 08:27:15 · answer #1 · answered by coragryph 7 · 0⤊ 0⤋
When the Trust was created Grans should of named herself as Trustee and also should of named a successor trustee in the event she was incapable by health or upon her death. The Successor Trustee is legally obligated to abide by the Trust. If the Trust is contested, the Suc. Trustee will have to provide the Trust to the Courts. If the Trust was prepared by a Professional (Attorney) there should also be an omnibus clause and a Will is usually attached. The omnibus clause includes items not specifically named in the Trust. Example-Grans buys other property and/or forgot to include property since she had the Trust created, this clause creates a blanket to cover such items.
If you are named as a Beneficary, I don't understand why you cannot have a copy of the Trust and related documents. If I were you I would insist upon a copy.
It is very rare that a Trust is ever recorded or filed at the Court House, however it wouldn't hurt to check it out.
I don't know if this helps or not? Good Luck!
2006-09-27 08:53:57 · answer #2 · answered by Plain Jane 3 · 0⤊ 0⤋
Sorry, but it really sounds like you need representation. At least ask the court for the final decree.
2006-09-27 07:19:54 · answer #3 · answered by Gaspode 7 · 0⤊ 0⤋
Comp are options for ffree
2015-02-22 14:51:02 · answer #4 · answered by Kinsley 1 · 0⤊ 0⤋