trust

What is the name of your state? california.
i have a freind who was left a trust fund after the death of her parents, her brother is the trust ex. we were wondering if there is a way to find out how much is in the fund as her brother is not saying

[Dandy Don]

She can send the trustee a certified letter (with return receipt requested, showing that he had to sign to receive it) asking for a copy of the trust and an accounting statement. She has the right by law to ask for this information.

DANDY DON IN OKLAHOMA (tiekh@yahoo.com)

I did forget to mention that she is mentaly handicaped. would that make a differance.. also this trust was set up quite a few years ago. i,m her caregiver and payee and he would know that i had her do this and i don't want him to think i'm out to get her money.just 4 years ago he started to pay her rent but anytime she has asked for money for home repairs or whatever he never does

[Dandy Don]

What is the age of your mentally-handicapped friend--is she a minor or an adult?

As long as you are a caregiver who is also responsible for handling her finances, then you can make the request on her behalf. Naturally you are concerned that you don't want him to think you are out to get her money, but you can say if he asks that you intend to have the money held in a special trust account (at the same bank perhaps where the money is being held now but in a separate account that only YOU would have access to).

When you get the copy of the trust, you need to examine it to see if the trust language specifies that the money can only be used for specific reasons or not. If it says the money is to be used for general care then it could be used for basic living expenses such as rent, food, etc. But if it says to be used only for medical care, then of course the trustee would have reason to slightly object and not want to pay out money for rent when it is supposed to be used for doctor bills, medication, etc.

In the future, unless the trust specifically instructs you to give the trustee the reason that you want the money, then don't be so specific in telling him what you want to use it for, so he won't have the excuse of rejecting you. If he is being unreasonable in not approving monies for valid expenses, then you can file a petition to have him removed.

Thank you for wanting to do whatever you can to help your friend.

DANDY DON IN OKLAHOMA (tiekh@yahoo.com)

she is a 60 year old lady. she has type 1 diabetes when she was first told this they gave her 2 differant drugs one alone cost 300.00 a month when she asked her brother for help getting the medicine he sent her 75.00 her trailer she lives in has about 5000.00 dollars in repairs( the estimate came from a contractor sent by the council on aging.) all her brother said was thats too much. the second contrator estimated 10.000.00 she is afraid to say anything and get her brother mad at her. i became her payee through social security in sept.2002 and became her in home sevice provider alittle before that i'm payed through riverside county. i thank you for your taking time to answer these questions as i'm not the only friend who thinks something fishy is going on

[Dandy Don]

Yes, something fishy IS going on with this trustee.

Go ahead and request your copy of the trust so you can read it and see exactly what it says. I'll bet anything that the money is set up for her medical care and general living expenses. Therefore, the requests that your mentally handicapped friend is making are perfectly legitimate and she has every right to ask for financial help.

Brother is being unreasonable as a trustee probably because he is jealous or selfish. After you get your copy of the trust, you will probably need the assistance of an attorney to get him replaced as a trustee since he has breached his duty and can be replaced by someone who will be a little bit more reasonable. Let's hope that he is also not stealing money from the trust for himself.

DANDY DON IN OKLAHOMA (tiekh@yahoo.com)