My $ Held in Trust, need advice, cant get it?

What is the name of your state (only U.S. law)? MI

Hey, about 7 or 8 years ago my uncle died (he married into our family), before he died he set up a Trust. I heard this directly from my aunt (his wife), and my mother saw the paperwork. Also before he died he talked to me privately and told me I wouldnt have anything to worry about after he passed away. I know that there is a Trust, and that I am in the Trust. I also know that there is Alot of money in the Trust (via my uncle and his wife who told me directly) at least half a million dollars for me alone. (535k is what my mother says she saw on the paperwork)

The trust was set up to pay out a single lump sum every year to me then when I turn 30 I get the remainder (am 29 now) Here's the catch.

I haven't recieved a single dime! I have absolutely NO paperwork on this. The Trust never contacted me. Somehow my Aunt did something to stop the trust from activating? isn't the point of a trust so this sort of thing can't happen? Then she told me recently that she was having the trust redone (convienently when im about to turn 30 and it would pay out to me) and minusing out people and maybe adding people.

How can I get copies of everything? I want a copy of the original trust before she alters it. How can I force the trust to activate and pay me MY money? can I bring action against her, or the lawyer for not activating the trust? She also said if she dies it all goes to charity!!!

I want to move away to another state or country and I want my money! , all of it, now. what do I do???

Mr X.

more info

what I think the setup is this. my uncle was the Creator, my Aunt the Trustee. She is using the trust for her own profit. I would be a benificiary, there is property and other assets in the trust, I do not know the trust provisions. Is it possible fopr me to find out what propertys or assets I hold Equitable trust in as a Beneficiary (several other family members have died and I recieved nothing from them -which I think is also not correct) how can I get a copy of the Trust agreement ?

Firstly, it would be wise for you to simmer your aggressiveness. Most likely the trust is as you describe. Aunt is trustee for the original trust. She is in charge and can do whatever she likes with the assets within the trust. The assets are hers. You only become a beneficiary when she dies. She can dispose of the trust, write a new trust, take assets out of the trust, or whatever. She has no obligation to you as a beneficiary. Of course, without knowing more about this trust, this is a guess on my part.

First you should check at the county courthouse probate court (of the city where he died) to see if any type of probate was opened up for his estate. If probate was opened up you can look at the probate file to see how his estate was handled and who was executor. The executor was probably his wife and that person is also probably trustee. There won't be any information about the trust in there (since trusts are private matters handled outside of court), but you would be looking at this file for informational purposes only. There won't be any public records for the trust.

Since there was a trust, it is entirely possible that all of his assets were put into the trust and so there could be no need for probate at all.

If there is NO probate, then your next step should be to consult with a trust attorney who can give you guidelines on what to do next and how to search for or ask for information on the original trust. If your uncle set up the trust as you described, then depending on what type of trust he set up, it should have been ironclad and the trustee, nor anyone else, should NOT have had legal authority to make changes--the trust must be instituted as written, and if she changed ANYTHING it leaves her open to breach of fiduciary duty charges and other charges as well in court if you decide to bring a lawsuit.

Your lawyer may want to send a threatening letter on your behalf to ask auntie for a copy of the original trust (you might have the right under Michigan law to ask for this and an accounting statement) and then see if she responds or not. If she doesn't, then you might have to file a civil suit against her for more information or for breach of duty. If I were you I would file papers to open up probate and then you would receive letters testamentary, giving you authority to order copies of his bank records and his personal tax returns, STATE AND FEDERAL, (AND the trust tax return for the year he died) if they are available for 7-8 years back, which would give you clues on how things were handled and also possibly evidence for your suit, but you should consult with your attorney about this to see whether it would be advisable or not; he may have other ideas about how to proceed.

Thanks for being savvy enough to realize that something wasn't right here--don't let some greedy person steal what could rightfully be yours!!

DANDY DON IN OKLAHOMA ([email protected])