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Can they do this ?????

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lesegrubb30

Junior Member
What is the name of your state?Pa Chester County

good friend of mine inherited 20% of his aunts very large estate almost 13 years ago. In the will she stated that his 20% was to be placed in a trust and he be given a check AT LEAST monthly .. then upon his 45th birthday(this past Sept.. he turned 45) The trustee was to terminate and all remaining funds be given to him absolutly.. She also stated all fund were free from liens.. ect ect.

Here is the problem.. He has not been given check on a monthly basis for the last 13 years and now he has turned 45 the trustee's are not releasing any info to him about his money thus keeping him from obtaining his inheriteince . Excuse after excuse is used.. He has had some minor legal troubles and now they are using that as an excuse.. Dont they legally have to have him deemed incablable of handle his own finacial affairs and what can he do to see they hand over his money ??? We are not talkin pennies .. this is a very very large estate/ The estate lawyer wont give out information.. claims he doesnt know anything other then he was told by the trustees' they did open the trust fund .. What are his legal rights ??? and where does he go from here .. all attempts to scare them with court .. and filing charges for theft are going unheard!! He is homeless.. and could use his money to live on .
THankS!!
 


Dandy Don

Senior Member
What an interesting predicament!!

(1) Why has this man waited so long (over 13 years) to check into this--was he mislead by them giving him excuses and the runaround for so long?

(2) Approximately how much was the monthly check he was receiving before payments stopped?

(3) Did this man ever see a copy of the trust to see what the exact terms were?

(4) What are the minor legal problems he has had? That is almost certainly no excuse for not paying him unless there is a mention of some conditions in the trust.

Please ask your friend if he will accompany you while both of you visit with a trust attorney to explain the situation. Any good trust attorney will probably agree to represent him without an upfront fee payment/retainer in exchange for a percentage of the money he recovers for your friend. If the first trust attorney you visit won't accept him as a client, keep interviewing with other trust attorneys until you find one willing to represent him, but don't give out names of the trustees/estate attorneys until you have hired the trust attorney you will be working with. Your attorney will be able to request a copy of the accounting statements for the trust to find out exactly what happened and can find out whether a trustee's bond has been posted for this trust.

Thank you for standing up for your friend, and I have a feeling that this is going to work out well for him.

DANDY DON IN OKLAHOMA ([email protected])

He is rightfully suspicious to suspect that trustees or someone is stealing from him.
 
S

seniorjudge

Guest
Q: Dont they legally have to have him deemed incablable of handle his own finacial affairs and what can he do to see they hand over his money ???

A: What does the trust say about this? Are there any conditions written in the trust that would prohibit him from getting the dough when he turned 45?


Q: What are his legal rights ???

A: He has the right to have an accouting of the estate (that means he can find out where the dough is going and how it is invested).


Q: and where does he go from here

A: Hire a lawyer.
 

lesegrubb30

Junior Member
Yes Yes Yes

HI ! thanks for the replies..
Yes we have a copy of the will that came from the attorney hanedling the estate. NO there are no other stipulations posted on my friend .. the only one was he had to get a montly check .. and at the age of 45 he would get the remained absolulty .. and the trustee will terminate..
the trustee is his brother .. and the Executor is his sister in law (another brother's wife).... neither is complying with the terms of the will .

He has had one charge on him in 13 years and it was possession of drug paraphanlia.. No big charges on him .. we was sent to rehab and then a half way house .. HOWEVER there is no stipulations in the will saying he cannt have the money due to anything .. as a matter of fact it says all shares are free from anticipation, assignment,pledge or obligation and shall not be subject to execution , attachement,levy or sequestration oth other claims of creditors.. the terms are clear .. "when he reaches his 45th bday the trustee shall terminate and the remaining funds shall be payable to him absolutly"

also .. the payments were given to him for roughly a year in the 11th year .. in the sum of 500 a month .. then stoped..
we are not exact on the total amount of the estate however it is in the 2 million figure .. he inherited 20% of that ..
He was told different stories about the will .. and did not pay much attention to what the actual truth was written down . he believed his brother and the wife of the other brother...
when he reached 45 he asked for the trust fund information that is when the real run around began ...

any other suggestions ! I am open to hear them all .. trying to find an attorney now who will take it on a contigency basis...
wish us luck!
 

Dandy Don

Senior Member
The will and the trust are 2 separate documents and are administered separately, although it sounds as if there is some overlap here. A trust attorney will be able to get everything sorted out.

DANDY DON IN OKLAHOMA ([email protected])
 
S

seniorjudge

Guest
good friend of mine inherited 20% of his aunts very large estate almost 13 years ago. In the will she stated that his 20% was to be placed in a trust and he be given a check AT LEAST monthly .. then upon his 45th birthday(this past Sept.. he turned 45) The trustee was to terminate and all remaining funds be given to him absolutly.. She also stated all fund were free from liens.. ect ect.


This sounds like a testamentary trust, i.e., a trust was set up by the will. If that is what happened, then there will be one instrument.
 

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