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Im 26 and my father passed away when I was 12. My unclewas…

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I'm 26 and my father...
I'm 26 and my father passed away when I was 12. My unclewas made executor of his estate. My father had two trust funds set up for my brother and myself in the amount of $5,000 each. It was stated in the will tht my brother nor myself could retrieve this trust until age 30, for use of a home, or college. I have been enrolled in college for nearly 6 years now and have made efforts to retrieve this money from my uncle, but still have not. My mother hired an attorney when I first entered college to retrieve this money, but the attorney never heard back from my uncle and stopped pursuing. I have called him myself and he will not respond. I have spoken w/ a detective whom talked to my uncle and asked him to provide documents regarding this matter and he has failed to comply. The detective told me it is a civil matter and I should consider small claims court. I cannot believe that is all that can be done. He has failed to act accordingly as executor. What can I do? Please help.
Submitted: 8 years ago.Category: Estate Law
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Answered in 50 minutes by:
6/13/2010
Estate Lawyer: dkennedy, Attorney replied 8 years ago
dkennedy
dkennedy, Attorney
Category: Estate Law
Satisfied Customers: 6,009
Experience: Attorney at Law
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dklawyer :

Hello,

dklawyer :

You have run into one of the big problems with trusts. They are private--not supervised by the court or by anyone. So, a person sets up a trust and gives someone the control of it. As things go with people, the money ends up being more important than the promise to the deceased. So, the trust just "goes away".

dklawyer :

I would say, yes, small claims court would be your option. Or you could file a lawsuit for specific performance, trying to get him to come up with the money and documentation of the trust. But that would be so expensive, it may not pan out.

dklawyer :

Write him a certified letter and give him a certain number of days to come up with the money, or you will file a lawsuit. Don't say it's small claims, of course. He is probably hoping you will just forget it after all these years.

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