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termination of trust

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rghjudi

Junior Member
What is the name of your state?New York
After quarterly payments for three years I received the last one 12/03, it was stated as the "final disbursement check" Never heard from the trustee again until 03/04 stateing there was still $1300.00 in the trust bank account, and it will be left there for any unforseen debts. It is now June no debts have showed up and the bank is charginga monthly fee, this could go on until it's gone. I have never received or gned any papers, none have been offered, regarding the termination of the trust. ShI not get something? Also when the trustee was selling off my investments of the trust should I have gotten some kind of documentation? When does it end?
Thank you for your time in just reudith Roughton
 


rghjudi

Junior Member
The were three investment groups that were "in trust", no bank account.
I my mothers will it stated I would be paid over a three year period in quarterly payments which would include the princeple and income with the first payment 91 days after death, the second 92 days after death, third and fourth to follow. The second and third years to follow the relative schedule. At first my my sister practically demanded that I liquidate it all, but I knew something wasn't right and needed time to so I insisted on the payments.
So she took the total amount of investments and divided it by 12 ( after having taken her half) thus she sold off shares in order to pay me a quarterly payment. One of the investment groups Morgan Stanley had 3 investments I received a dividend check from the prime income but not the other two.
I was never shown any documentation of these supposed transactions, checks were not directly deposited into trust bank account but sent to trustee. I received copies of the checks from the sales, but I know what tricks can be played with a copy machine. It seems I can't get any information because I'm not the trustee from Morgan Stanley or can I?
 

Dandy Don

Senior Member
Would you say that trustee has carried out the provisions of the trust as they are exactly stated in the will or has she deviated from those instructions? Unless the will gave her permission to take her half out, that step alone would seem to be improper. It's hard to know how to advise you because the trustee does have some discretion on managing the account and another difficulty is that New York law does not require trustees to inform beneficiaries on accounting matters. Did the will mention an exact total amount of the monies you were supposed to be receiving or do you have any idea of how much money you think you have been cheated out of?

Just because the checks were not directly deposited is not proof of anything--trustee may or may not have deposited them in the trust bank account later on. You need to be talking to a business law attorney or a trust attorney to figure out what your next steps should be. Seems like you could take steps to file a complaint with Morgan Stanley to get these accounts audited (or have it done by an auditor/accountant of your choice) so that hopefully it will not take a lawsuit to find out trustee has managed this account correctly or not.

DANDY DON IN OKLAHOMA ([email protected])
 

rghjudi

Junior Member
As far as anything goes I only have the trustees word of how much was thereof , I do not know other than that. I knew my mother and there was a large amount to be sure...I've contacted an attorney in NY, what makes things all the more difficult is that I live in CaliforniaWell thank you for your advice and input, will let you know what comes out in the wash.
 

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