Estate Law

Estate law questions? Ask an estate lawyer.

Ask a Lawyer,
Get an Answer ASAP!

A revocable living trust was set up in 1997 by my

Customer Question
A revocable living trust...

A revocable living trust was set up in 1997 by my Grandfather to provide for his son and two grandchildren. The trust was to be desolved when the youngest grandchild turned 25 years old. She turned 25 on February 24, 2017. At that time she was to inherit a house as well as a portion of the trust. When she returned to Stoneville, NC to claim her home the trustee refused to give her the house. The trustee's daughter was actually living in the house. She was told that she would only continue to receive $200.00 a month and nothing more. The $200.00 check is written from an account at Carter Bank in Stoneville NC titeled "George T Moore Trust". The trustee also refused to give the beneficiary a copy of the trust document. The beneficiary is learning disabled with a very low IQ and does not have the knowledge or finances to contest this. I raised the Beneficiary most of her life and have docments supporting these claims. I wrote to the District Attorney of Rockingham County concerning this matter. He advised I contact the Stoneville Police Department and the Department of Social Services. The Stoneville Police Department suggested contacting legal aide. Please give me advice on how to instruct the beneficiary to follow through with this matter. Without a copy of the trust agreement, how do we know if a crime is being committed? Thank you. My name is***** ***** Stoneville, NC 27048. I would love to send you the documentation I have.

Lawyer's Assistant: Since estate law varies from place to place, can you tell me what state this is in?

North Carolina

Lawyer's Assistant: What documents or supporting evidence do you have?

I have the death certificate of George T Moore. The beneficiary was removed by RCDSS from her parents and physical custody was given to me. She lived with me during her young life until she turned of age. I also have records done during her middle and high school years showing her disabilities and low IQ scores which were listed as "mentally retarded". She has maintained a residence for herself and her son who is 7 years old. She has no criminal background and has neverr held down a public job. She keeps children while her boyfriend works. She stays in contact with me often.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

I also have a copy of ***** *****'s will that talks about the trust agreement. I have never had a copy of the trust and the trustee refused to give the document to the Department of Social Services when they took custody of the children.

Submitted: 4 months ago.Category: Estate Law
Show More
Show Less
Ask Your Own Estate Law Question
Answered in 5 minutes by:
12/5/2017
Estate Lawyer: Roy Hadavi,
 replied 4 months ago
Roy Hadavi
Category: Estate Law
Satisfied Customers: 1,214
Experience: Attorney at Law Offices of Rosenstein & Associates
Verified

Hi Pamela. My name is ***** ***** I am a licensed attorney with extensive estate planning and administration experience. I would be happy to provide assistance. Please keep in mind that our conversation does not include an attorney-client relationship and this is for general information purposes only.

I am sorry to hear about this very difficult situation you are trying to help the beneficiary navigate. I know these matters can be very difficult when you don't know where to start.

Answer: The beneficiary is legally entitled to a copy of the trust and an accounting of the trust assets. This information is critical in order for the beneficiary to be certain that they are receiving what they are legally entitled to under the trust. If the trustee refuses to provide these documents, the beneficiary may bring an action in probate court against the trustee for breach of fiduciary duty. The trustee has a fiduciary duty to the beneficiary and is violating that duty by failing to provide these documents. The court will then compel the trustee to provide this information and may even order that the trustee be replaced.

Of course, as you can already tell, these matters can be very complicated, so you may want to retain an attorney to assist in this matter.

Rating & Additional Questions: Thank you so much for allowing me to help you with your question. I have done my best to provide information which fully addresses your question. If you have any follow-up or clarification questions, please do not rate my service. Please ask me as many questions as you need, until you feel I have earned an excellent rating. There is no additional fee. If I have fully answered your question(s) to your satisfaction, I would appreciate you rating my service (hopefully Excellent/5 stars!) at the top of the screen. Otherwise, I receive no credit for assisting you today. I thank you in advance for taking the time to provide me a positive rating! A BONUS is also appreciated if you feel I've earned one today.

Ask Your Own Estate Law Question
Customer reply replied 4 months ago
Thank you for your quick response. Please note that the beneficiary is mentally challenged and only receiving $200.00 a month for her support and support of her son. I have been legally separated from my husband for over 10 years and live on $580. monthly social security payments. I do not have the ability to financially help Delila with this matter. Are there legal services that would help her pro-bono or perhaps the trust could be made to pay for this legal assistance. I truely believe that Delila deserves whatever was provided for her in the trust agreement, the loss of having a home bothers me the most. Mr. Moore (my Grandfather) went to great lengths to see that she would have a home provided to her when she became an adult. This is in my opinion fraud and without help, I don't know how she will ever be able to prove it and this "trustee" will get away with this disgrace.
Estate Lawyer: Roy Hadavi,
 replied 4 months ago

Yes, there are legal aid services that can assist.

Here are a few samples, although you can search online to see if you find others that are more to your liking:

Ask Your Own Estate Law Question
Customer reply replied 4 months ago
Do you have an address for Legal Aid of North Carolina? I tried to get this information online and it actually sent me to this link I am using to talk to you.
Estate Lawyer: Roy Hadavi,
 replied 4 months ago

If you click on the link I provided above it will take you directly to their website.

Ask Your Own Estate Law Question
Customer reply replied 4 months ago
Thank you. I will pursue that link in writing. One last question. Is it possible to file an action in probate court against the trustee for breech of fiduciary duty without an attorney? Could this be done with the help of the clerk of court?
Estate Lawyer: Roy Hadavi,
 replied 4 months ago

You can certainly do it on your own. It just may be difficult to navigate the process. The court should have a self-help clinic that can assist you. You may also want to call local law schools and see if any of them offer any free clinics for these types of matters.

Ask Your Own Estate Law Question
Customer reply replied 4 months ago
This is asking more for your opinion than anything else...Would it be a good idea to write to the trustee myself with the information you have provided to me asking for him to send the beneficiary a copy of the trust BEFORE we pursue legal action?
Estate Lawyer: Roy Hadavi,
 replied 4 months ago

Absolutely. As a first step, you can write a demand letter to the trustee, stating that if he/she does not comply, that you will assist the beneficiary in filing suit.

Ask Your Own Estate Law Question
Customer reply replied 4 months ago
Thank you for your assistance. Please contact me if you would like to take on this case pro-bono. :-) I really appreciate your help and I will most definitely leave you positive feedback.
Estate Lawyer: Roy Hadavi,
 replied 4 months ago

You're very welcome and I wish you the best of luck!

Ask Your Own Estate Law Question
Was this answer helpful?
Ask Roy Hadavi Your Own Question
Roy Hadavi
Roy Hadavi
Roy Hadavi
Category: Estate Law
Satisfied Customers: 1,214
1,214 Satisfied Customers
Experience: Attorney at Law Offices of Rosenstein & Associates

Roy Hadavi is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

My husband has been driving me insane with questions regarding estate issues since his mother died. I'm not a lawyer! Thanks to JustAnswer, I was able to calm his concerns.

Loretta TIllinois

Thanks Adam!! - A very direct and understandable response - you have been a great help!

Happy CustomerEllicott City, MD

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

< Previous | Next >

Meet the Experts:

Thomas McJD

Thomas McJD

Attorney

3,170 satisfied customers

Wills, Trusts, Probate & other Estate Matters

Barrister

Barrister

Attorney

5,488 satisfied customers

17 yrs estate law, real estate. Wills/Trusts/Probate

RayAnswers

RayAnswers

Attorney

5,126 satisfied customers

Texas lawyer for 30 years in Estate law

Infolawyer

Infolawyer

Attorney

5,032 satisfied customers

Licensed attorney helping individuals and businesses.

Ely

Ely

Counselor at Law

1,841 satisfied customers

Fully licensed attorney in Texas in private practice.

RobertJDFL

RobertJDFL

Attorney

1,454 satisfied customers

Experienced in multiple areas of the law.

ScottyMacEsq

ScottyMacEsq

Attorney

1,167 satisfied customers

Licensed Texas General Practice Attorney

< Previous | Next >

Related Estate Law Questions
Do I need a lawyer to make a Revocable Living Trust or can I
Do I need a lawyer to make a Revocable Living Trust or can I just use LegalZoom or something like that to create? What advantages are there to getting a lawyer?… read more
RayAnswers
RayAnswers
Attorney
Doctoral Degree
5,126 satisfied customers
I have a revocable living trust and just opened up a trust
I have a revocable living trust and just opened up a trust checking account under my trust name. Can I do a POD beneficiary or how do I go about designating a beneficiary to that account? … read more
LawGuy
LawGuy
Juris Doctor
123 satisfied customers
Aunt's Estate is going through probate in California. We
Aunt's Estate is going through probate in California. We just submitted the Petition for Final Distribution and the examiner left some Probate Notes. We cleared 2 of them... But the last one didn't. H… read more
RayAnswers
RayAnswers
Attorney
Doctoral Degree
5,126 satisfied customers
I am a trustee with two others of a revocable living trust
i am a trustee with two others of a revocable living trust agreement. the settler has died and now the three of us are trying to manage. the one trustee lives in ca and the other one lives in md i liv… read more
jb156200
jb156200
Associate Attorney
Doctoral Degree
804 satisfied customers
The probate court recently named the fiduciary to an estate
Second opinion] The probate court recently named the fiduciary to an estate due to lack of response by the other heir named in the will who claim is that another will was written after the first howev… read more
Irwin Law
Irwin Law
Juris Doctor JD
7,153 satisfied customers
The probate court recently named the fiduciary to an estate
The probate court recently named the fiduciary to an estate due to lack of response by the other heir named in the will who claim is that another will was written after the first however the 2nd will … read more
Barrister
Barrister
Attorney
Doctoral Degree
5,488 satisfied customers
If an individual estate is in probate and a property is sold
if an individual estate is in probate and a property is sold that he was an heir, how are the proceeds distributed?… read more
jb156200
jb156200
Associate Attorney
Doctoral Degree
804 satisfied customers
A family member has a Revocable Living Trust. 22 years ago
A family member has a Revocable Living Trust. 22 years ago before traveling abroad,he appointed himself as UA and a "trusted" colleague as UA on several Merrill Lynch personal checking/savings account… read more
Damien Bosco
Damien Bosco
4,162 satisfied customers
Estate is in probate in california. the estate has out of
estate is in probate in california. the estate has out of state assets.1.) colorado home - just sold without going through referee valuation Sold for $260,000 on 1/24/2018 2.) nevada corp operating in… read more
socrateaser
socrateaser
1,031 satisfied customers
Mom died with a revocable living trust which I understand
Mom died with a revocable living trust which I understand becomes a irrevocable trust at her death. I need an EIN number to get a bank account to deposit the money from the sale of her house. Having t… read more
LegalGems
LegalGems
Juris Doctorate
11,587 satisfied customers
We have a Revocable Living Trust. We have designated
We have a Revocable Living Trust. We have designated distribution of a specific Property to Party A. We have designated the remainder of the Estate equally to Parties A, B and C. Can our Living Trust … read more
RayAnswers
RayAnswers
Attorney
Doctoral Degree
5,126 satisfied customers
We have a revocable living trust and need to make an
We have a revocable living trust and need to make an amendment to it - I still really don't understand all about it. We have 2 sons listed now on this , thinking to add a 3 rd but also to exclude any … read more
LawGuy
LawGuy
Juris Doctor
123 satisfied customers
Owner of revocable living trust dies. One sibling becomes
Owner of revocable living trust dies. One sibling becomes trustee/beneficiary, other sibling estranged at time of inception in 2004 and excluded. However comes back into the picture 2011 trust was not… read more
Barrister
Barrister
Attorney
Doctoral Degree
5,488 satisfied customers
My daughter is a beneficiary of our revocable living trust
My daughter is a beneficiary of our revocable living trust and lives in a house which lies in the trust. I am trustee. If I sell the house am I eligible for the $250,000 deduction? … read more
Damien Bosco
Damien Bosco
4,162 satisfied customers
Does providing a new California Revocable Living Trust void
Does providing a new California Revocable Living Trust void an old Nevada Will. … read more
jb156200
jb156200
Associate Attorney
Doctoral Degree
804 satisfied customers
In CA. My parents created a revocable living trust with pour
In CA. My parents created a revocable living trust with pour over wills. But they never transferred their real estate by deed into the trust. My mom died first and their real property was held in join… read more
Barrister
Barrister
Attorney
Doctoral Degree
5,488 satisfied customers
When there is a revocable living trust for a husband and
When there is a revocable living trust for a husband and wife and one passes away is any new property placed in the trust after the first trustee passes away still titled in the full name of the trust… read more
jb156200
jb156200
Associate Attorney
Doctoral Degree
804 satisfied customers
Does a revocable living trust have to filed with the county?
does a revocable living trust have to filed with the county? … read more
LawGuy
LawGuy
Juris Doctor
123 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x