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family trust saga/confusion

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_ZardoZ_

Junior Member
What is the name of your state (only U.S. law)? Maryland

Hi and thanx for any help in advance, and yes I will be seeing attorney I just have limited funds and want to have more info/understanding to maximize my time with the attorney.

My dad became ill over a year ago and my sister became the power of attorney and executor.
He had a will at that time in which I was a beneficiary.

A few months ago I got a check not from my dad’s bank account but form a new account and bank with the name “(fathers name)revocable trust” that was sent by a caregiver.

I was not informed of what had changed and a few weeks ago my dad passed and the caregiver emailed me what my sister said were my dad’s wishes concerning my benefit from the estate.

I emailed the caregiver and my sister (now the sole trustee) a request for a copy of my father’s last will and testament, a copy of the trust instrument, and any/all other documents or information that I am entitled to. The caregiver only emailed me 2 pages of what is now a “(father name) family trust” that only had to do with my benefit.

Q’s:
1.Am I entitled to have a copy of the entire trust provisions document?
2.Should I be getting or have to ask for any other documents or information?
3.Is there a will still on file I can access?
4.Should I have been informed of the changes from the will to trust?
5.Is the revocable trust (now a family trust) considered irrevocable or is this a new trust altogether?
6.Do I even need to involve the caregiver (she was not mentioned in what they sent) with my inquiries?
7.Am I entitled to the source info or accounting as to my monthly fluctuating annuity amount and how the figure is determined as it is based on a real estate investment?
8.Are my inquiries considered an attack on the trust as there is some threatening wording in the trust that says that if I attack or contest the trust in any way my benefits will be terminated?

Thanks again for any answers or links that can help!
 


tranquility

Senior Member
Q’s:
1.Am I entitled to have a copy of the entire trust provisions document?
It would depend on the provisions of the trust.
2.Should I be getting or have to ask for any other documents or information?
Mo' information is mo' betta. You may ask for what you like. The first question depends upon the result.
3.Is there a will still on file I can access?
Yes.
4.Should I have been informed of the changes from the will to trust?
No.
5.Is the revocable trust (now a family trust) considered irrevocable or is this a new trust altogether?
When the grantor dies, such a trust is usually irrevocable.
6.Do I even need to involve the caregiver (she was not mentioned in what they sent) with my inquiries?
Mo' information is mo' betta.
7.Am I entitled to the source info or accounting as to my monthly fluctuating annuity amount and how the figure is determined as it is based on a real estate investment?
See #1.
8.Are my inquiries considered an attack on the trust as there is some threatening wording in the trust that says that if I attack or contest the trust in any way my benefits will be terminated?
No. Asking for an accounting is not something that invokes a "contest" clause.
Thanks again for any answers or links that can help!
You need more facts and concerns before more help can be given.
 

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