The attorney guardian says he doesn't need to disclose that. My friend is the only surviving relative , and is in the will
How does he find out how much is in the trust?
He takes care of his mom at present full time.
2006-12-25 02:12:38 · 6 answers · asked by Anonymous in Politics & Government ➔ Law & Ethics
As the contingent beneficiary of the trust, your friend is indeed entitled to not only know what is in the trust but to have reasonable supervision authority to ensure that the attorney is not looting the estate or otherwise mismanaging the trust.
Your friend needs a lawyer to obtain a court order requiring the trustee to disclose to the contingent beneficiary the corpus, the investments, the annual tax report and quarterly reports.
Go for it - get a lawyer who specializes in Probate and Estate matters
2006-12-25 02:23:58 · answer #1 · answered by John the Revelator 5 · 0⤊ 1⤋
Until mom is dead, the trust is for mom and her needs. No one has the right to know any details of the trust until after the death of mom. If there is anything left after she dies, then and only then will any beneficiaries of the trust find out the terms.
If your friend isn't a contingent beneficiary of the trust, he will never find out what the trust terms and contents are. Trusts don't have to be probated, therefore they don't become public knowledge.
Also, it doesn't matter if your friend is in the will. Mom is still alive, so the contents of the will don't matter at this time. The will contents only matter once the person dies.
To me, it seems like your friend wants to have mom's money for himself. The money is mom's. It should go for her car while she's alive. Caring for someone with Alzheimer's Disease is expensive. Your friend isn't entitled to an inheritance if the money is needed for mom's car while she's alive.
The guardian is required to use the money according to the specifics of the trust. If the guardian fails to use the money properly, he can be sued and can lose his law license. Unless the trust has millions in it, it is highly unlikely that an attorney would misuse the money for personal gain. It just wouldn't be worth losing his money, job, and freedom.
2006-12-25 18:56:29 · answer #2 · answered by Mama Pastafarian 7 · 1⤊ 1⤋
Apparently, the attorney doesn't feel that disclosing that particular information is in your friend's mother's best interest. As his mother didn't opt to make him her guardian, but instead chose her attorney there appear to have been some trust issues.
2006-12-25 10:18:28 · answer #3 · answered by Anonymous · 3⤊ 1⤋
That's odd that her attorney is her guardian.....I bet there will be nothing left in the trust by the time the attorney is thru....again very odd......
2006-12-25 10:22:41 · answer #4 · answered by justmedrt 6 · 1⤊ 2⤋
Maybe now your friend understands why he isn't the guardian.
2006-12-25 10:41:40 · answer #5 · answered by ? 6 · 2⤊ 0⤋
Tell him to wait until his mother is cold, first. Chances are, if he wasn't so greedy, he would been made guardian.
2006-12-25 10:14:25 · answer #6 · answered by Anonymous · 1⤊ 2⤋