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Trust document vs. pour over will

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maril

Member
What is the name of your state?Texas
I am the TTEE of a trust created by a pour over will and in the process of collecting death benefits on policies and variable annuities. All companies have processed the claims I filed except one. It has refused my documents and trust account info.The company in questions says my paperwork is not in good order and I must file a "trust document". I am baffled as to what document this is. I am also named as the beneficiary of the annuity and also the executrix of the estate. I have had both the broker and cpa for the trust contact the company. I just recieved a letter from the company in question stating that they do not except wills as trust documents. Can anyone tell me what type of trust document I need to send them?
 


Dandy Don

Senior Member
Find out from the trust company what type of trust was set up and if one ever was officially. Right now you don't know if a trust was actually set up or whether a trust ACCOUNT was set up naming you as trustee, but if there was a pour-over will then there should also have been a trust and the trust company should be able to tell you where it is.

And you also need to be asking them for copies of federal and state income tax returns filed for the trust just so you can be aware that they were filed. If you don't find out now and if they have not been filed, the IRS is going to cause trouble for you or for them.

DANDY DON IN OKLAHOMA ([email protected])
 

maril

Member
I am setting up the trust. The pour over will stated that everything(all assets) were left to me to hold in trust and support the deceased persons son until he reaches age 67. The attorney told the deceased to just have me made beneficiary. The broker (SB) told the deceased that she could not do it that way so he sent her a form to sign making me the beneficiary and putting it in trust. I have been playing 20 questions with the broker and ING for the past 2 years. I finally got my accountant to find me another broker to transfer the assets and set up the trust. Do you suppose the trust document is the original document that broker had the deceased sign when she made me the beneficiary?No other company has asked for this document.
 

Dandy Don

Senior Member
Yes, the broker may be able to help you with just the document you described. It's hard to really know how to advise you since most trustees know the name of the basic nature of the trust that is set up, such as living trust, revocable trust, etc.-maybe you also want to ask your broker that question--what type of trust was set up.

Nearly all trusts have a document setting them up so it is a bit odd that you are having difficulty finding that document. Was there also a last will and testament that was probated by an executor, or were all assets put just in the trust only?

DANDY DON IN OKLAHOMA ([email protected])
 

maril

Member
Hello Dandy, I am in OK also. I called the anuity company today and asked them if they would like to "talk to my legal department". Thats what they told me last week. They said it was not necessary and the information I had submitted was enough so they are processing the claim. I am the one setting the trust up on behalf of my late friend to take care of her son. When he reaches age 67 he will recieve whatever balance is left.Thank you for the information. I have always been given good legal advice here.
 

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