Can I get the paperwork on the moneys.

[ccharr]

California, I think my sister who was the head of the trust has keep money from me.
She has never sent the tax returns from the irs when I have asked. I think she posted on this site claiming she was broke and had to pay tax's, "23K" and there were 3 or4 loans the trust had coming in with monthly payments to split 5 ways at that time.
Do I have a right to see all the trust paperwork, taxes, bank statements and so on?
From the start she had claimed certain moneys were not there which were at another time. Basicly the same ol' stuff one hears all over the place about siblings and money from the parents. Can I ask for the stuff and get it without having to go to court?
Also there was an Attorney at one time, I do not believe I ever recieved final trust closuer from the courts, I think. Thanks.

 

[BlondiePB]

California, I think my sister who was the head of the trust has keep money from me.
She has never sent the tax returns from the irs when I have asked. I think she posted on this site claiming she was broke and had to pay tax's, "23K" and there were 3 or4 loans the trust had coming in with monthly payments to split 5 ways at that time.
Do I have a right to see all the trust paperwork, taxes, bank statements and so on?
From the start she had claimed certain moneys were not there which were at another time. Basicly the same ol' stuff one hears all over the place about siblings and money from the parents. Can I ask for the stuff and get it without having to go to court?
Also there was an Attorney at one time, I do not believe I ever recieved final trust closuer from the courts, I think. Thanks.

Is the settlor(s) of the trust deceased?

 

[Dandy Don]

Have you received any payments from the trust?

Yes, you have the right to ask for copies of the trust tax returns for each year the trust has been in existence, by sending her a certified letter asking for such, but I doubt she would respond and would probably ignore your request.

You need to be consulting with a trust attorney to find out what your next step should be, whether to ask for an audit (which expense might be deducted from the trust), or to go to court to ask that she post a trustee's bond (unless the trust exempts her from that requirement) to protect the financial interests of the beneficiaries from theft/misappropriation.

DANDY DON IN OKLAHOMA ([email protected])

 

[BlondiePB]

Have you received any payments from the trust?

Yes, you have the right to ask for copies of the trust tax returns for each year the trust has been in existence, by sending her a certified letter asking for such, but I doubt she would respond and would probably ignore your request.

You need to be consulting with a trust attorney to find out what your next step should be, whether to ask for an audit (which expense might be deducted from the trust), or to go to court to ask that she post a trustee's bond (unless the trust exempts her from that requirement) to protect the financial interests of the beneficiaries from theft/misappropriation.

DANDY DON IN OKLAHOMA ([email protected])

Unless the settlor(s) are deceased, the OP has no rights regarding trust info. OP's post is ambiguous.

Originally Posted by ccharr
Also there was an Attorney at one time, I do not believe I ever recieved final trust closuer from the courts, I think.

Not all trusts are recorded with the court. Even when they are, it's not the court's responsibility to send copies of trusts.

 

[Dandy Don]

Poster probably doesn't understand the definition of "settlor". More than likely the settlor is deceased and that is why sister is in charge as trustee to manage the affairs after the death.

When did the death occur and was there also a will that was probated or were all assets put into the trust?

 

[ccharr]

Is the settlor(s) of the trust deceased?

Thank you for your reply, however I do not know what that means "settlor(s)"
Best Regards,
ccharr

 

[ccharr]

Unless the settlor(s) are deceased, the OP has no rights regarding trust info. OP's post is ambiguous.

Not all trusts are recorded with the court. Even when they are, it's not the court's responsibility to send copies of trusts.

I trully aplogize for not understanding all this legal rap. Could you explain that in more layman terms, please.
Best Regards,
ccharr

 

[BlondiePB]

Poster probably doesn't understand the definition of "settlor". More than likely the settlor is deceased and that is why sister is in charge as trustee to manage the affairs after the death.

When did the death occur and was there also a will that was probated or were all assets put into the trust?

We won't know until the OP states so, which looks like real soon. Many settlors that are still alive do have another person as Trustee (including my mom).

 

[BlondiePB]

Thank you for your reply, however I do not know what that means "settlor(s)"
Best Regards,
ccharr

Whose property is in trust, your mom, dad, grandparent(s), etc.? This is the settlor(s).

Is this person still alive?

 

[BlondiePB]

I trully aplogize for not understanding all this legal rap. Could you explain that in more layman terms, please.
Best Regards,
ccharr

No problem. We'll get up up-to-speed real quick when you answer my previously posed questions.

 

[ccharr]

Have you received any payments from the trust?

Yes, you have the right to ask for copies of the trust tax returns for each year the trust has been in existence, by sending her a certified letter asking for such, but I doubt she would respond and would probably ignore your request.

You need to be consulting with a trust attorney to find out what your next step should be, whether to ask for an audit (which expense might be deducted from the trust), or to go to court to ask that she post a trustee's bond (unless the trust exempts her from that requirement) to protect the financial interests of the beneficiaries from theft/misappropriation.

DANDY DON IN OKLAHOMA ([email protected])

q 1. Yes I have and those stopped when the loans were discounted and sold.
q2. I always thought those returns should have been shared. thx.
q3. I believe I should seen one before I pay off those cards of mine.
Thank you for the reply.
Best Regards,
ccharr

 

[ccharr]

Whose property is in trust, your mom, dad, grandparent(s), etc.? This is the settlor(s).

Is this person still alive?

q1. Mother
q2.No.

 

[BlondiePB]

q1. Mother
q2.No.

Thank you. You are entitiled to a copy of all the documents. You are also entitled to an annual accounting. A very stern letter from an attorney is in order.

Oh sorry, another question, was this a Testamentary Trust? A Testamentary Trust is a trust that established via the will of a deceased.

 

[ccharr]

Thank you. You are entitiled to a copy of all the documents. You are also entitled to an annual accounting. A very stern letter from an attorney is in order.

Oh sorry, another question, was this a Testamentary Trust? A Testamentary Trust is a trust that established via the will of a deceased.

Thank you for simplifying your questions.
The trust I do not have handy at this time, however it had items in it which sounded will like. I do remember the wording irreverseible.
At one time there were two trustee's, one being an attorney whom would mail court like items out from time to time.
I can not get ahold of the sister whom was the other trustee.
Best Regards,
ccharr

 

[BlondiePB]

Thank you for simplifying your questions.
The trust I do not have handy at this time, however it had items in it which sounded will like. I do remember the wording irreverseible.
At one time there were two trustee's, one being an attorney whom would mail court like items out from time to time.
I can not get ahold of the sister whom was the other trustee.
Best Regards,
ccharr

You still are a bit confused with some stuff. Let me try to sort it out with a few questions.

Did your mom have a will? Was the will probated? If so, do you have a copy of the will? How do you know there were 2 trustees rather than Trustee and Successor Trustee.

Where's the attorney? Why don't you have the trust document handy [at this time]? Have you sent your sister a CRR (certified return receipt) letter inquiring about the trust?