Tuesday, May 25, 2010

Question about trust funds. Before my father passed away, he told me that after he died, I would be a rich?

woman and my children would be taken care of for the rest of their lives. My stepmother is still living and she has told me that I can't have any of the trust fund until she dies because she is living off it. Is this legal? Is it possible? Could she be lying?
Answers:
It all depends on the terms stated in the trust fund.
Many are written to provide for one person, and then pass to another after that person dies -- so it is possible and legal.
What the trust document in your particular situations says is entirely a different question. There's no way to tell if your trust is being administered properly without evaluation the document and the laws of your state.
You should review the terms of the trust.
Do you know who handled your father's estate when he died? This person may have been called an "executor" or "administrator" or something like this. Or do you know if your father had an attorney who helped him arrange his finances? These people might have some answers about the specifics of the trust.
It is very possible to set up a trust so that one person receives the income for their life, and then it passes to another person, so you need to get the specific terms of this trust to know what you may be entitled to.
Annie:
In a nut shell, a trust is settled to transfer ownership of property, for tax advantage without the necessity of having a will.
To solve this case, a lot of more information is needed: THE SETTLER was your father, THE TRUSTEE the one that holds and administer the property Who is that? your stepmother? another family member?; THE BENEFICIARY the people named as the ones to receive the benefits, You? Your siblings? Your stepmother? Who else?; and above all, we need the TERMS AND CONDITIONS.
But do not waste your time, talk to an attorney experienced in state planning.
It looks to me that stepmother is acting as the only BENEFICIARY.

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