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What are my rights as a beneficiary to a trust?

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ClintWisconsin

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

As my father is computer illiterate, im posting to get him some answers...hopefully.

My grandfather passed away in February 2015. He has a trust in place, since the early 90s. My uncle was elected as power of attorney, as well as the trustee. My father was shown the trust structure 2 years ago, and it named him and another sibling as receiving my grandfathers house, as well as a very hefty some of money to be distributed to my father and 3 siblings. My father has tried to contact my uncle regarding the trust and how it will be distributed. This has gotten him nowhere, and now my uncles attorney has called asking for my fathers SSN. My father refused to give him the information, and asked if he could provide info in person. The attorney denied the request, and hung up. My father has still tried numerous times to contact my uncle in regards to the deed for the house, as well as anything else he is entitled to according the to the trust. This has gotten him nowhere. This past week, my father has contacted 3 lawyers that practice family law and specifically trusts and estates. All 3 of them have backed down after hearing the name of my uncles attorney. My two aunts that were also mentioned in the trust have received several checks in the mail from various annuities mentioned in the trust. My father is left in the dark, with no way of knowing if he is still mentioned in the trust. He is afraid that something isnt right, or that certain portions are time sensative and he risks losing out on certain portions of the trust. What options does he have left, or who can he contact to get some simple answers about the trust? If he is indeed included in the trust, how long can he be kept in the dark? Besides my uncles lawyer, who else would have a copy of the trust that may provide some information?
 


LdiJ

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

As my father is computer illiterate, im posting to get him some answers...hopefully.

My grandfather passed away in February 2015. He has a trust in place, since the early 90s. My uncle was elected as power of attorney, as well as the trustee. My father was shown the trust structure 2 years ago, and it named him and another sibling as receiving my grandfathers house, as well as a very hefty some of money to be distributed to my father and 3 siblings. My father has tried to contact my uncle regarding the trust and how it will be distributed. This has gotten him nowhere, and now my uncles attorney has called asking for my fathers SSN. My father refused to give him the information, and asked if he could provide info in person. The attorney denied the request, and hung up. My father has still tried numerous times to contact my uncle in regards to the deed for the house, as well as anything else he is entitled to according the to the trust. This has gotten him nowhere. This past week, my father has contacted 3 lawyers that practice family law and specifically trusts and estates. All 3 of them have backed down after hearing the name of my uncles attorney. My two aunts that were also mentioned in the trust have received several checks in the mail from various annuities mentioned in the trust. My father is left in the dark, with no way of knowing if he is still mentioned in the trust. He is afraid that something isnt right, or that certain portions are time sensative and he risks losing out on certain portions of the trust. What options does he have left, or who can he contact to get some simple answers about the trust? If he is indeed included in the trust, how long can he be kept in the dark? Besides my uncles lawyer, who else would have a copy of the trust that may provide some information?
Its quite possible that your father's refusal to provide his SSN is the reason why he has not received any distributions from the trust. The amount of time that has passed since your grandfather's death is actually quite short in the overall scheme of things. I do think that at this point your father probably needs an attorney to speak for him, and needs to consult with attorneys based on needing someone to speak for him.
 

latigo

Senior Member
The story your father is telling that all three of the attorneys he spoke to backed away on learning the identity of the attorney representing his brother is a fabrication! I've practice law too many years to swallow that yarn.
 

LdiJ

Senior Member
The story your father is telling that all three of the attorneys he spoke to backed away on learning the identity of the attorney representing his brother is a fabrication! I've practice law too many years to swallow that yarn.
Or, perhaps they did not "back away" so much as suggest that the attorney handling the trust was an ethical attorney and that it was too soon to be concerned about problems.
 

justalayman

Senior Member
Or, perhaps they did not "back away" so much as suggest that the attorney handling the trust was an ethical attorney and that it was too soon to be concerned about problems.
The statement describes more of a situation where they refused to accept dad as a client more than simply giving advice such as you suggest. An attorney surely knows the value of a "mouthpiece" given the op's description of the situation. If for nothing else but to obtain a copy of the trust and explain it to dad, the engagement of an attorney would be quite appropriate.
 

LdiJ

Senior Member
The statement describes more of a situation where they refused to accept dad as a client more than simply giving advice such as you suggest. An attorney surely knows the value of a "mouthpiece" given the op's description of the situation. If for nothing else but to obtain a copy of the trust and explain it to dad, the engagement of an attorney would be quite appropriate.
Oh I absolutely agree, and said so in a prior post. Its clear that dad is not in a position to speak for himself. Its just that I have a feeling that three attorneys could have turned dad down not because they were afraid of the attorney representing the trust, but rather that they didn't feel that they could work with dad.
 

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