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Barrister
Barrister, Attorney
Category: Estate Law
Satisfied Customers: 33705
Experience:  15 yrs estate law, real estate. Wills/Trusts/Probate
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I was wanting to know my legal rights about obtaining my

Customer Question

hi I was wanting to know my legal rights about obtaining my trust fund and personal property and what Avenue I would need to do or go about getting that I know that the trust fund is tied up in CDs which I was supposed to live kid when I'm 35 I'll be 34 in January and I also do have personal property that me and my younger brothers own together but I'm not getting anything any kind of information from the beneficiary of my father's estate
Submitted: 1 year ago.
Category: Estate Law
Expert:  Barrister replied 1 year ago.

Hello and welcome! My name is ***** ***** I will try my level best to help with your situation or get you to someone who can.

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Do you have a copy of the trust?

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Are the grantors (the person or people who set up the trust) deceased?

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Who is the trustee of the trust? a family member?

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Have they provided you with an accounting of the trust assets and any expenses/income at least once a year?

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thanks

Barrister

Customer: replied 1 year ago.
I do not have a copy of the trust the only thing that I have is the taxes that were done on it last year the interest that was paid I wanted like the royalties and stuff the beneficiary is my grandfather which is still alive
Expert:  Barrister replied 1 year ago.

Ok, I think you mean that the grantor (maker) is your grandmother and you are the beneficiary..

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If the grantor is still alive, then this likely means that the trust is revocable. If it is revocable (i.e. able to be changed) then a beneficiary under it is not legally entitled to an accounting or inventory until the trust becomes irrevocable, which happens when the grantor passes.

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This is because with a revocable trust, the grantor can make any changes that they want to as long as they are living. They can amend it to add or remove beneficiaries or change gifts if they want to so the beneficiary's gift doesn't vest (become final) until the trust becomes irrevocable and no further changes can be made.

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So at this point, if it is revocable, then the trustee would only have to comply with trust directives as they come due. If the trust states you are to receive assets when you turn 35, then unless changes are made to the trust prior to that, the trustee only has an obligation to deliver those assets when you reach the age of 35.

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thanks

Barrister

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