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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 110442
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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Hello My sister had legal guardianship of our cousins child

Customer Question

My sister had legal guardianship of our cousin's child after she passed away. My sister passed away in 2006 after having purchased an over priced property in las vegas 9 months prior to her death. She left left a trust fund for her charge and it has been paying all the bills including the mortgage for the past 7 years. The fund will be depleted in approximately 12 to 15 months. The boy will be 21 by that time. The home is worth $40,000 at present but the mortgage is approx $150,000. Our question is what are the options and procedures for closing the trust and as foreclosure is imminent. Thank you
Submitted: 3 years ago.
Category: Legal
Expert:  Law Educator, Esq. replied 3 years ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking.

Is the child disabled?

What do the terms of the trust itself state about closing or disbursing the trust on her death?

Who is the successor trustee?
Customer: replied 3 years ago.
No he is a robust young man. The trust stated that upon him turning 21 that he would receive monthly income if there was anything to disburse. My sister and I are the co trustees for the estate.
Customer: replied 3 years ago.
Are you there?
Expert:  Law Educator, Esq. replied 3 years ago.
Thank you for your response. Sorry for the delay, we are working with multiple customers all of whom need the same attention as you deserve. I do apologize for the delay and thank you for your patience.

The trust, as an irrevocable trust, can only be disbursed ahead of his 21st birthday with his consent, the consent of the trustees AND an order from the court. This means that if the trust designates that bills have to be paid from the trust that the creditors have to be notified as well and they could object to the early termination of the trust. Disbanding a irrevocable trust can be difficult in normal situations and it is more difficult where creditors are involved in the trust as well as if the court finds the disbanding of the trust is to avoid paying the creditors it would be disallowed.

If there are no creditors involved in the payments from the trust then it would only be the consent of the trustees and beneficiary that would be required before the court can issue a ruling on disbanding the trust.

Of course, this means having to hire an attorney to handle this matter too, so this is another cost that will have to be paid out by the trust to take the matter to court.

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