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Trust Fund and Executors!

  • Thread starter breathofvitalit
  • Start date

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breathofvitalit

Guest
What is the name of your state? NV
Again, I am asking for my fiance. He is 28 and has a trust fund that is set up to pay for college and living expenses as well as he receives monies every five years, ie... 25, 30, 35, and finally 40.
The trust fund is specifically for him. He was told that he is the beneficairy of both his grandma and great grandma because his mother past previous to them. Both Grandmothers left all their monies to the three daughters.. his mother was one of the daughters.. so then it gets past down to him. Also, the great grandma set up a fund for both of his children. They each receive $200 per month. The adult who has custody receives the monies.
His aunt "C" refuses to give us a will or any information concerning the trust funds. We know little to nothing about the Trust Funds and feel we should know more, so that the proper planning for our children can be made.
The trust fund somehow helped pay for my fiances divorce with the ex wife and is now paying for college and living expenses. We want to get custody of his youngest son and we are told that the trust fund can pay for that too.
We already have issues with the aunt not sending money on a timely manner. Checks bounce and issues happen because she is not timely. I am afraid to try and get custody of his youngest with this money because it is based on when she wants to pay for it..
We do not have a copy of the will.. we do not have a copy of the trusts... and we are afraid that we have no legal recourse to find out what he is liable to know.
As, the monies are meant for him shouldnt he know what belongs to him as the beneficiary?
We don't have the money to hire a lawyer.. and the few lawyers we have talked to have said they want a good chunk of money to "find" assets...
Is there anything that we can do? Or do we just have to let our lives hang in the balance with his aunt?
let me know.. thanks so much..
Dani
 


Dandy Don

Senior Member
If you know the grandmother's and the great-grandmother's date of death and city/state of death, then you should first look at their probate files (located at the county courthouse probate court) to see exactly how their estates were handled and the file might possibly give a clue as to how much money was put into the trust funds and who the trustees are, etc. Trust information is normally private and not public record but sometimes there might be a mention of it in the probate files. Or there may be a mention in the probate files of the attorney who helped set up the trust and if you contacted that attorney he/she might be willing to help you get the information you need about the trust.

In a previous posting about this you weren't sure whether the trust was set up in Illinois or Nevada. After you find out the answer to that question, then you will have a better idea of what to do. Contact a trust attorney in the same state or county as where the trust is being administered to find out whether that state allows the beneficiary to send the trustee a certified letter asking for a copy of the trust document and the accounting statement showing how much is in the trust (some states allow the request, others do not), or post your question on lawguru.com if you can't afford to consult an attorney at this time and you will get a professional response from an attorney in whatever state, since it is somewhat unlikely that a trust attorney from either of those states would be reading this message board.

How many times has this aunt been late or untimely with the payments? Is this aunt the official trustee? If it has happened more than twice, then you should consider asking your trust attorney whether or not you should file charges against her for breach of fiduciary duty and then she would be replaced by another trustee who would perhaps be more responsible.

If you live in a different state from where the estates were probated, then send me an e-mail (to my e-mail address below) telling me what city/state the death occurred in and the dates of death of the decedents and their names, and I can send you a referral of someone locally in that city who can go to the courthouse for you to look at the probate files.

DANDY DON IN OKLAHOMA ([email protected])
 
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breathofvitalit

Guest
First of all my fiance wants to say Thank you so much!
We have not yet started on the path you have advised. We were trying to buy a home and needed copies of the trust fund papers to qualify for the loan. His aunt refuses, in writing to give us any paperwork, including other ways to contact her like phone or address.

Both of the death certificates were issued in Ill.. I dont know if that means the trust funds are out of Ill or not.. His aunt previously lived in Oh.. and we believe she still does.

I am going to go and look up some of the information we need as in exactly where they past away and email it to you soon..

Talk to you shortly

Danielle
 

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