I don’t agree. I’m currently trustee for my mom, who’s resigned the trust to me. The trust proceeds go in equal shares to my siblings and I when she passes. It’s been very hard to get everything set up and working smoothly. I can’t imagine trying to do this while also having to check with someone and agree on every detail. So glad my mom set it up the way she did. I do keep detailed records in case there’s ever a question.
but how is that possible if the trustee has to give you the assests in the trust if your a beneficiary? Just a question because my husband brother is a trustee but we have no information on anything.
Shpuld have been caught by an attorney or probate court. Its almost impossible to steal anything from wills and trusts. You should have sued. You would have gotten your money and the trustee would have been in trouble. Should have been reported before the trust ever settled. Sounds like they were doing it all on their own without any legal protections for anyone.
This was good info - my brother is the beneficiary of my fathers Trust, my sister is the Trustee, my sister had this Trust drafted by a paralegal in 2018 and according to the terms of the trust it states that she "shall sell any assets and property of the trust to pay off any and debt of the Trustor and then distribute 100% of the proceeds to said beneficiary" my brother. However my brother has lived in the property with my father for over 33 years and does not want to sell and wants to be gifted the home. Which was our fathers intention, also my dad had no debt that would require my sister to sell the home, there is a small mortgage and the bank has qualified my brother to assume the loan, but my sister refuses. She has also been the one accruing all the debt with attorney fees and selling my fathers car for less than FMV to accumulate additional debt. Not to mention she used and abused her POA to change beneficiaries from my brothers name to her name on an annuity my dad had while he was ill in the hospital and lied about it. Hoping the proof of her lying about the annuity money is enough to get her removed.
I'm successor trustee for the past 5 years for my mom's trust with her having dementia. She was very clear that she did not want my brothers to have information about her assets until after her death. I've done an annual accounting that I will make available after her death, and have gotten her signature on it for what it's worth. I document all expenditures and invest conservatively. I cannot imagine the nightmare if I'd been hit with this out of the blue. From my experience, I would advocate for not having co-trustees and also urge trustees to charge a reasonable amount for their time. You will never be fully compensated, but the stipend will help you not feel taken advantage of. It's a lot of work since the trustee also typically handles non-trust matters as well (bills, healthcare, etc).
My father recently passed away. I had been adamant to him when he was living that I did not want to be the head of his estate. The main reason is that my father was extremely secretive about his money. Guess what? To my shock, I found out when he passed he still assigned me trustee. I was way over my head and those first month was awful. I finally realized that I needed an estate attorney and CPA, despite my brother foo fooing me that I needed that help. OMG, what a incredible difference! I feel so much better and confident now. My father was wrong in not explaining things to me before he passed and why he was that way, I will never know.
Same thing happened to me because of Covid and some of the same difficulties 3 years later I’m still struggling to close out his estate even with a CPA ( closed his business 3 months after dad passed) his attorney old and very limited availability 2 brothers breathing down my neck grrrrrrrr frustrating!!
@@sambogarr8435 Since my reply, I finished my dad’s trust. I have been able to focus on grieving my dad now and healing from losing him. Good luck with finishing your dad’s estate. 🙂 I was wondering if you have the option of hiring a different attorney. I disliked my dads attorney and found a different attorney who was wonderful.
Thank you again so much. We are working on having our Trustees suspended this week, and removed as soon as possible. I appreciate your comment about them being in over their head. In my first comment to the lawyer we hired to clear this up I said, "We believe this was not done maliciously, just incorrectly and our object to simply to correct those errors." Unfortunately, it still went south, and rather than attacking the Executor of the Will (me) (and sister to the beneficiary), they have begun a personal attack (complete with being accused of stealing jewelry during the Estate inventory). Not a pleasant experience.
I got a letter from my parents attorney about 12 years ago and It said I was the trustee to their estate. I had zero clue what that was. I asked my parents and I had no clue why they chose me out of all the kids. Maybe because I was active duty military. I ended telling them I didn't like planning for their death and I had no clue what a trust is. I think the parents should have a talk with who they want as a trustee first. I was caught off guard and clueless.
Actually, in most cases the Trustee does not automatically handle the planning for death or the funeral. That is is usually left to the Personal Representative named in their will (which also may be you).
I agree. Dad passed without noting what tangible personal property (TPP) went to who. Now his girlfriend is claiming everything!! saying it was all gifts to her. The document states the TPP is to go to me and my sister. However, since they lived together for 20 years, their TPP was comingled and it's like trying to untie a spider web. I'm finding that rather than being able to grieve and go on, I'm getting mad at my late father, and then that just makes me cry more!
? At least your parents love you. I am not sure what you're complaining about. Be a man and learn what a trustee does and how to act as one. I made a mistake in trusting my own mother after my father died. Big mistake. She is attempting to remove my from my father's will and trust. I hate her. My own blood mother, too. Life blows.
Well, Paul, I wish I had seen this video 12 years ago! It could have saved a relationship of great importance to me! I am sick to know just how I have been scammed….by someone I trusted to the end of the world!!! Please repeat this often to save many people from deep heartache…not because of the financial side alone, but the shock that such a thing could happen between two people that shared every part of childhood until adulthood and ………….It still hurts….and that person has no idea why!!!! I go on and live life but the sunshine is lost in the fog! People check, follow through, demand facts and evidence!
Lynda we have the same exact situation since 2010 it's been horrible for me I didn't want to get an attorney against my brother. I prayed God to handle it this video popped up with confirmation! Vengeance is mine says the Lord!
Sorry to hear of your loss , l am currently in a similar situation with my oldest brother holding half the funds that he is not even acting Power of Attourney for , he's wanting signed Notarized document s that are handwritten for me to accept the remainder of the money willed by my Mother , but l have that sick feeling he transferred the bulk of my inheritance to himself somehow and forged her last wishes l am stuck between wanting the remainder he's holding , and hireing an attorney which might lock everything down for who knows how long and how much it will cost ...any suggestions ? Thanks
What about a self settled needs trust? My brother wasnt supposed to leave me shares because of disability nothing but a nightmare in my failing health my mother had other intentions i saw the will b4 she passed and before the Will was Changed .
How long does it take to get an accounting from the moment I file a petition demanding an accounting to the moment I actually get an accounting? I am a contingent beneficiary.
OMG I am So irritated because I am a beneficiary and my uncle will not tell me a darn thing, it's irrevocable trust, My Mom is passed on already and so My Grandpa left us all money Alot. I recently became widowed and have children, I am having a heck of a time when I need it the most so I called a Lawyer. I hope this works because this is absolutely AWFUL!
What if the trust creator doesn't want any of the beneficiaries to know what the other beneficiaries received? They'd rather not even have anyone know who all the beneficiaries are. Must I (as the trustee responsible for disbursing the benefits) reveal the full text of the trust to any beneficiary who requests it? I suppose I might just offer them an excerpt of the portion that relates to their benefits only, and play chicken with them as to whether they want to pursue legal action to force me to reveal the full text of the trust. But it'd be nice if there was an easier way. Thoughts?
I was the full time caregiver for my mother for 7.5 years ending this past July when she passed. I’m now the trustee of her trust. I thought this would go smoothly but the BS started before mom was even in the ground. Made an appointment with an attorney right after that. There are 9 beneficiaries including myself. Only my sister and I have been sorting through the 6 bedroom house + garage filled with 70 years worth of stuff! I’m ready to hire it out.
What I did was to take any items of obvious value and distribute to beneficiaries or sell them on ebay, and deposit funds in the Trust. Then I offered a neighbor to take anything else in the house, under the provision that they had to take EVERYTHING, even if they ended up throwing some stuff out or calling the Salvation Army. Then call a realtor to sell the house and if any cleaning services are required, they will let you know how to get that done and how to pay for it.
In a case where a fraudulent Trust was created through Undue Influence & Lack of Capacity: Let's say the document is determined to be VOID by the court and the valid pre-existing Trust is accepted as the correct one. How do the beneficiaries collect their inheritance? Does the probate judge order the stolen assets to be returned and distributed according to its terms? How does that work?
@@davidbutterfield5758 Revocable Living Trusts and Trust litigation attorneys are super overrated. A bad Trustee can easily steal the entire estate and get away with it. This is what happened to me and other beneficiaries. Trust litigation attorneys are totally useless too. All they care about is getting money in their own pockets. No offense, but the legal system is broken.
After my mother was committed to dementia care my brother sold the contents of the house & barn to raise funds to pay me off for the real estate. He has been quiet and told me nothing. He presented me with a check and told me he and his wife sold their retirement plans to raise funds.
Thank you! Feeling a little bit better now. Still not sure if I understand my unique situation. but I am still trying! My only goal in all.of.this ,is to learn enough, in order to honor My Love one's last wishes,and to bring closure to all of, us during this MOSTLY the difficult time in our LIVE'S ! against I am sincerely great full to you, and how you are helping people like me ,to understand ,so that we may shed some light on the matter,so that we are able move on ,by going forward in our LIVE'S!!! Embracing " PEACE. OF MIND. " sincerely yours. Plano kidd
Hello, I've watched most of your videos. But they all seem to be about family members. I wish you could make one for people like me that have no family and just want all my assets to go to Charity's. As I'm Single never married no children. I do have an older brother but have not spoken to in over five years. And we have you can say Disowned each other. I have no property just my 401k and an older car and a heck of a lot of tools I've collected over my life time. I'm disabled and retired. And just want to make sure all my assets go to Charity's Peroid. I don't think that my brother would try to contest my will or trust I'm still trying to figure out which one would be better and easier to do. I think it would be great if you made a video for people like me. And what the pitfalls of either a trust or will could be.
@FussyDo Flamenco I'm sorry to hear this 😪.I lost my best human friend due Sadly to politics. Then just last month had to have my Sixteen year old kitty to sleep. She was the best friend I had left 🥺. Also lost a good friend a few years ago he had moved in below me and had worked at Hughes Aircraft when I did. He even brought a new SUV because he wanted to see places like the grand canyon, Yellowstone, Yosemite, etc, But unfortunately died from cancer a year and a half ago. Try to stay strong and safe in is crazy country we live in especially Nowadays 🙏🖖
I'm not an attorney sir, and rules are different with every state. That said, it is quite likely a properly prepared will is all you need if you want your estate to go to charities. A couple consults with attorneys in your state will leave you much more informed, so as to make the best decisions. Whatever you do, so it SOON. You don't want to have a heart attack or hit by a car and let the STATE get everything you have worked for! This is what compelled me to get my affairs in order! Hope this helps.
@@pvmoore1154 Thanks that's exactly what I'm trying to do. I've been traveling quite a bit lately looking for a nice inexpensive home in a rural town. And on one trip witnessed a head on collision that if it had been twenty seconds sooner it could have been me. The way people drive Nowadays has been a real eye opener for me. And like you say the LAST thing I'd want is this totally screwed up government taking all my life savings. I'd rather burn it .it's bad enough being quoted three to four grand for a simple trust. Or knowing that lawyers costs and all that nonsense could get most of it in a will. It's Sadly amazing how greedy people have become money especially in this screwed up country Nowadays. 🙄🤨.
@FussyDo Flamenco Hello FussyDo. The rural areas I was looking at. Were places I had stayed at back in the early 80's when I use to ski alot. Was even a Ski bum for a season at Mammoth Mountain. And at the time had a good friend who lived in northern Nevada. And had visited him a few times and really liked the Area. Back then a nice small two bedroom house with a basement and a small garage could be had for 40k. Nowadays with this Covid nonsense that same house was sold last year for 115k as back in July of this year I drove up there looking at places even checked out the place that I had seen back in the 80's. Witch the realtor had told me what it sold for 😳 last year and besides a driveway and paint and a new roof put on in the late 90's the place looked exactly like it did in the 80's. Almost bought a house out there had everything set just waiting for escrow. But unfortunately the property turned out to have a lean against it from a contractor who had done some plumbing and fondation work. That Apparently didn't get payed. So there was a 11k lean put on the property. Realtor sad he would see what he could do. But the couple in their 70's instead pulled it off the market. Anyways I've got your email address and will try to email you but at this time I'm just trying to take care of a ton of things. A will or trust is the most important thing right now. BTWim a Conservative Republican, actually now an independent. Just so you know. Hopefully I'll try to send you an email soon. So if you get one from peon###@gmail.com that will be me. About Hughes Aircraft it was the best job I've ever had our group was like family. But when GM Sold it and I went to work for them. Sadly it was just the opposite nothing but brownnosers and back stabbers 😒. Hopefully talk to you soon. Hang in there 👍
In case this is still an issue for you, or for others, I believe you may do this with a beneficiary designation - easy, peasy! Just contact the retirement plan administrator or any brokerage firm where you might be able to transfer the assets, especially if you are no longer employed by that company. If you have a charity identified (do your due diligence that they are legit and efficient) - they will have guidance for you. This is my experience, I am not a lawyer. Best wishes.
If you are a beneficiary of a trust and the trustee is completely ignoring you and not honoring his/her fiduciary duties the absolute first thing you have to do is hire an attorney to read the will, trust, possibly amended trust before you file a petition to have the trustee removed. There could be language in the trust that if a beneficiary tries to remove the trustee that beneficiary would forfeit their inheritance. That’s why it’s extremely important to hire legal assistance because the average person will not understand that law language meanings and interpretations are not the same as common language.
My brother is the trustee he hasn't let me see it I have asked him 3 times they did call me to ask me for my address and social security number. Do you know maybe why??
I haven't signed anything! he filed Taxes because he asked for my social number. The house sold in October of last year and I am still waiting...Thanks for your response
@@lzzygrl9ify My apologies I just seen your text. If you have any other questions feel free to ask, I know how it can be very difficult dealing with a trustee.
I admired your knowledge Mr Rabalais,and I appreciate the time you dedicate to this videos as well andBTW you are by far the easiest to understand and follow of all the lawyers and programs like these. that I have listen to and have saved in the last three years or so (I lost count) and I want you to know if you would live in Miami Florida I would hire you in an instant👏👏👍👍☺️🙏🙏
@@americasestateplanninglawy1946 you really are! What if ssi sssnt irrivocable runs out of funds 50,000 because trustee didnt do fiduary duties correctly and i dont have alot of time left and trustee is threatening to walk out and leave me Homeless. Devestaed please inbox me tyia. 8/25/22
@@denise8216you have rights- look for a beneficiary rights lawyer or lawyers for beneficiary abuse, there are more rights you have then your aware of. The laws have become stricter on trustees in their fiduciary duty to beneficiaries. It also is no longer the case that a beneficiary must wait til the settlor dies to have an accounting. If a beneficiary requests an accounting the law of recent has begun leaning more in favor of beneficiaries having a right to see an accounting
This great information. Thank you. But lets say a friend has indicated that I will be added to his trust which I will have the house but the house is not paid off yet and he want me to continue to pay the mortgage with the current interest rate. Is this even possible? What would I need to do from my end? Thank you for any information that you can provide.
My parents were very vocal they set up an irrevokable family trust in 1989. My father passed in '97. I can find record of his will and the trust submitted in probate court. I just recently learned my mother passed away 7 yrs ago with no notice to me at ALL. Sibling named himself trustee and claims 'nothing is left' of the 7 million dollar trust. There is NOTHING i could find so I paid a service who confirmed she found a death notice. How can it be ? How can the trust settle? How can they not notice me and nobody noticed? Not having the $7k retainer im trying to write the demand letter... this here is research...
Mr Rebelais, years ago before re-marrying I asked a favor to my ex-husband to put my house on his name to protect it from my new husband’s children, who just passed away. He did accept and put a house on a trust account, but I do not see my name on the living trust paper. Should I be worried about it?
My husband died last year and he was receiving funds from his family trust. My children are the benefiaries but the funds are being sent to my husbands sister.
I am beneficiary of my dads house he is still in nursing home but I am living at the house free rent and my brother is trustee not yet but my dad is still alive now he lies about eerything and wont tell me anything, he is trying hard to get me to move out, but I wont because he lied, should I move out or stay,
@Shelia Metcalfe-Farmer Thanks for the reply I plan on staying till it s sold and the new orders kick me out, but no one will buy it with me living there and he can not sell it for less the value or i can stop the sale, not much he can do left, i live in the back of the garage not even in the house , nothing i have is left in the house just my dads stuff he is still alive I hope he can come back before he dies but my b rother is keeping him away because I am no jabbed and boosted
I have no idea what kind of trust was put in place for my parents by my father. Yet as the first born beneficiary and my brother also as beneficiary we both don’t have paperwork yet know the attorney that set this up basically for parents home, cars and assets. Our mom is living in a nursing center for over 2 yrs and we don’t know any details yet our dad’s been hospitalized and we just don’t find it appropriate to ask yet can’t find paperwork even in house and have many questions. Can we get some guidance?
I NEED HELP! I don't have the money to hire an attorney because I have been sick for the last 4 years and I don't qualify for disability. My grandfather named me "Qualified Beneficiary" (Sole Heir) when he passed away in February 2009 to an Irrevocable Trust. To this day, I have NEVER been able to get ANY INFORMATION! I have found out that embezzlement has occurred as well as someone in the family impersonating me and signing documents in my name. It has gone so far that, in my home state, there is a warrant for my arrest from earlier this year, when I was living in a different state! What help or advice could you give me?
Do you have a copy of the Trust agreement, or do you know the name of the Trustee? You need to gather all the evidence you have and if you are reasonably be sure that a crime has been committed and have evidence for that, then you can try and contact the district attorney for the county where your father died. But you will have to consider what would happen regarding the warrant against you.
0 seconds ago You supposed to give a copy to all beneficiaries,Trustee,anyone that you trust with all of your heart too,You want that living trust copies to exiat because if not your assets can be lost and the state can take them: Remember these are your wishes while ypu are alive so no one can do anything to change them.
On an A and B living trust does the surviving party have the choice whether to actually follow through with splitting of trust assets and closing that estate distributing 50% into a disinated beneficiary account and opening a survivor trust account. If it was not followed what is the beneficiaries rights to the record of the accounting from the first death and should I worry if there's six recordings of a quit deed claim?
My Mom left me a Trust but put my sisters kids as Death Benifituary my VA counslers said it crossed over limitations of Family Tree in case I wanted to remarry !
My black widow stepmother has lied and kept all information from me. She has committed fraud elder abuse, neglect and grand theft. Can you please advise me of how to proceed with El Dorado county Superior Court? I don't even know if there is a legal trust!
How long, what is the average time I could expect as a beneficiary from the moment my trustor/ grantor dies before disbursement of funds from a Living Trust? I am trying to plan ahead - and start saving $ because I worry it could take time, even without having to go to Probate. When my father passed away in 2017, I remember it taking almost 6 months before actually being issued a disbursement check. What all goes on that causes it to take time? Thank you!
Paul, Please help my father. My grandfather passed away and we cannot find his attorney. We know he is in Oceanside California area. Who can I call to get my father a copy of my grandfathers will? There is for sure a will in place.
I know someone going through probate Can a judge take a beneficiary off administration ..rapid inheritance is trying to make more money off of a beneficiary by selling one of the properties and trying to force the beneficiary off administration the judge is siding with rapid inheritance is that legal by any means ..
need help n texas have been given no info isince 2012 my kids are beneficiary college was to be paid for as well as for us to be kept in same living conditions my son cant get house till 25 but was supposed to be allowed to live in home which we have v]been denied also help
Not on this topic but info could be helpful to me and others. My father-in-law has recently been admitted to a memory care unit nearby. He has a sizable coin collection that is not listed in the revocable living trust that he and my mother-in-law have setup. My wife is listed as the primary trustee and has power of attorney in force. My mother-in-law has asked me to analyze it and sell it to put the money in their bank account to avoid it having to go through probate. They are not in need of the funds (yet). Is this a good idea? None of the heirs are greatly interested in the collection as a unit.
Does your father-in-law have a will? Often times the will states (for people who also have a trust) that any assets go to the spouse upon death, and if no spouse is still living then the assets go to the Trust upon death. This is called a pour-over will. But if the coin collection is community property between your father-in-law and mother-in-law (and not in the trust), then your mother-in-law probably has the right to sell it and keep the proceeds right now. Since you refer to "their bank account" I assume it is a joint account, and that the account is therefore community property, as the coin collection might also be.
I am currently going thru a situation where the trustee has violatedball.the terns set forth in the will.and their obligations as the trustee and has failed to provide any requested documentation or proof of accounting and there is lots of money moved around and missing from the liquidated assets ! I am having trouble finding an attorney in CA that I knkw will go to bat for me and what is a reasonable fee for such a case please and thsnk you
You can send a demand letter to the trustee for an accounting to be provided to you within a reasonable amount of time. If the trustee still refuses they are breaching their fiduciary duty to the beneficiary. In which this is already happening because you have asked already. You will need to make a petition to the court to compel the trustee to produce an accounting. If you can't get a lawyer try a paralegal service or learn to do it yourself. The court will set a hearing and usually a judge will order the trustee to give an accounting within a set period of time. Usually the reason a trustee doesn't cooperate is because they are stealing and hoping you don't take them to court. You will also want to do a separate petition to have them removed as trustee to stop them from damaging you further.
My dad made a living trust, we all signed it and finger printed it but we haven’t registered it with the city. Is that Beardsley or can that be done after? We all have a copy of it but my father said not to register it with the city until after he passes away. Will it still be valid ?
A trustee just informed me i was a benefuciary of a trust. Well, they informed my husband, not me directly. Aslo wont really answer any questions. Just says the attorney has to set up trusts for each beneficiary? This is where im thrown off. Its not a direct disbursment of cash or whatever. I do believe it will be shares of stock that i inherit. Is a trust the same as a brokerage account? I wasnt ecpecting this so im not educated on any of it. Does the amount make a diff on how its disbursed? The only thing the trustee has really said so far was that we all (beneficiaries) needed to sit down with financial advisors to learn about it all. 🤷♀️
Ok I have a question someone help lol my grandpa died but before he died he said something to my mother (his daughter) about him sitting a lil something something to the side for her and her brother...but my mom believes his wife did something funny with the money because they asked about her receiving pension as a beneficiary or something like that but she hasn't drawn any money or received anything because she was not aware of anything so now she's a bit curious...so we're trying to figure out how can we figure out how can we find out I he left something and who he left it to..not really sure how to word it honestly but can't find anything related to my issue
My bank checking and savings accounts are in a Totten (POD) trust with a beneficiary. But I would like to keep the details of my bank accounts secret from that beneficiary when I die--I don't want the account and all its deposit and spending history just turned over to my beneficiary with the money. That knowledge would cause severely painful (nothing illegal) negative consequences to my beneficiary's life-long emotional state. But my "personal representative" (as MA calls it)--who is not necessarily the same person as my beneficiary--is responsible for filing my final year's income tax returns, so someone needs my income information. I don't object to a tax preparer having the necessary access to my bank accounts and other essential data. Still, I want that data and my tax return to be kept from my beneficiary. Will (say) an attorney be willing and allowed to do this?
My husband was on his still living grandfathers trust fund when he passed away last year of a fentanyl overdose. We were married and have two young children (2 yr old and 8mo old right now). When he passed we had a 1 year old and I was 5 months pregnant. His family wouldn’t put the children on his portion of what he would have inherited. They are now suing me for grandparent rights even though me and my children have never depended on them financially and we have never lived with them. Their dad suffered with addiction since he was a teen and living at home. I’ve never done drugs and I am a fit parent. I have an education, house, full time job and benefits, and my children go to daycare. I don’t understand why they won’t spilt what he would have inherited for our girls, why do they want rights to my children if they don’t want to help them with their futures?? They even tried stealing the gofundme money that was raised when he died. I only got it back bc I said I would sue for fraud if she kept it. I made college saving accounts for the girls with that money. What are your thoughts? Why do you think they are acting this way? (Particularly his mother, my ex mil)
Hey Adriana. I'm sorry for your loss! And for your monsters in laws! I'm dealing with some family horrors myself if you ever want to talk, I'm a decent listener and as of now I don't have any family that I have any reason to interact with. It's pretty sad. My email is on my channel information and my heart goes out to you and your girls for this turn of events. I will keep you in my prayers. My name is Pepper by the way.
My father is in a nursing home he has an account called death on transfer I guess the beneficiaries get it after he dies from my question is that does the nursing home get that money
What do you do when the person whose living will is still alive but the Trustee has given all the information of the living will to others? This is a non-revocable trust.
I've never added a comment on a video before... I hope you see this Is there a time limit on fiduciary responsibilities? My grandmother left me money that went to a trust because I was a minor, and I was told it was gone when I was a teenager. He never kept in contact. Later in life I reached out and he confirmed that it was gone. Is it possible to lose your trust?
I am a beneficiary in a trust. The person died 10 months ago and the successor trustee has not communicated any terms of the trust to me. Is it too soon to request a copy if the trust from this person?
My case is in Florida. Florida father of children but married to a woman not the children’s mother. Before dying created a trust and told a children that they were beneficiaries of the trust with the wife as trustee. The wife and her attorney say they do not have a right to even see the trust. Is this because they may not be entitled to any benefit while she is alive?
Well the only way you can get anywhere is to hire an attorney because you as a beneficiary have no right to file a complaint or petition against the trustee. What these attorneys all fail to mention is what about the people that cannot afford to hire an attorney, instead all the advice they have is that you have to hire an attorney. I guess they all assume that everyone can easily afford to hire one. In my jurisdiction and experience the word fiduciary is just that, a meaningless word. I hope things get better for you and take care
Spouse passed away have a 19 year old should I leave it to my 19 year old all my life insurance, accounts home car ect? Or to my responsible brother to over see my accounts ect for my son?
Let Fidelity, Shwab, etc be the trustee and set it up so that your son does not receive it until he is 35. If your son is not responsible by 35,... he never will be. He will theoretically have the additional benefit of working/taking care of himself for 10-15 yrs, which "should" give him a much greater appreciation for the blessing. Giving a 19yr old significant wealth is irresponsible on your part,... as 90+% will blow through it. If you believe your son is the exception to the rule,... that is on you. Cheers!
First, you have decide at what age your son should be able to use the funds if you suddenly die. Many times parents don't let the children have control of the funds until at least age 30 (but the Trustee can pay for their college expenses, etc before age 30).
We need your help explaining where does a benifiurary go or do to get his trust company to stop spending thousands of dollars on lawyers fees so they can justify there spending and using it for there annual accounting plz ir plz help us
Companies provide Trust services to make money, just like every other service business. The only way to stop that would be if you were the Trustee, or could replace the existing Trustee and do those things yourself. You are entitled to a copy of the Trust agreement, which might mention under what conditions a Trustee can be replaced.
The trust is trying to take my son by filing all kinds of stuff on me .there suppose to be doing an accounting on the trust not filling stuff against me . And spending my sons trust . Some trust company's need to not spend the trust down to nothing so the benifiurary that has the trust can use it. He woukdnt need it if it wasn't for the doctors who screwed him up .so how do I save him from this ? I can't find an attorney who will take this on and do the right thing . It's terrible damaging people's life's and no they should not beable to just keep spend on them selves and the person has know way to protect them from these terrible trustees . I have been through hell sorry its no fun and my son has been damaged for life we just need help getting help out of this horrible nightmare.
Question If 2 people are on a home deed GRANDMA and Grandson And Grandma dies But grandma dies and has 2 benefeciries Do those 2 benefecries become 3 part owner on house with grandson ? IN GEORGIA IM GOING THRU A NIGHTMARE HERE
Work done at my house was overcharged and price gouged. The middleman trust asset company did the invoices which aren’t complete and are summaries with no itemization of costs. My trustee paid it and the trust asset company said I couldn’t sign the invoices after work was completed. So I didn’t see any invoice, cost, even bids, TASC said they’d handle everything. They left me in the dark and I paid quadruple what my neighbors paid for the same exact service. How is that fair or right?! And how much is TASC charging for their middleman service fees? I was forced to use TASC and their chosen list of vendors which are horrible. I’ve used certain companies for years because I trust them to be fair in pricing but when this other random company stepped in that’s when the problems occurred. I want nothing to do with TASC they’ve been a nightmare!
Thank you for sharing your story, I fear I will be stuck with this exact same situation if I have any necessary major house maintenance issues. There should be a better solution/transparency required by law!
I'm the beneficiary of my God fathers trust.His attorney(?)is the administrator but he has not contacted me and he passed in Sept.2021 . What should I do please help
My father's stepson hired an attorney in San Bernardino County California to draft fraudulent legal documents. The stepson (my half-brother) kicked me out of the estate property and stole my inheritance...the entire estate assets to include millions of dollars in the financial accounts. I'm homeless with no means to hire an attorney.
I'm so sorry for what happened and what you're going through. If the documents are fraudulent do you have a copy of the legal original document? You can contact a paralegal service to try and help you.
Good advice as far as it goes. Hire an attorney to compel documents. OK.Now you have the documents and it is obvious the trustee committed some monkey business in executing the trust. What action should be taken now to recover your due as beneficiary?
Hello you have some Great information I can use my two older brothers are the trustees of my parents trust and they have ripped me off terrible I am fixing to sue the heck out of them and I hope they go to prison for what they have done thank you
my grandpa set up an educational trust for me and my cousins making my uncle a trustee, he set it up for his life insurance to seed the trust but I don't know how much that was and my uncle set up a separate account just after my grandfather's death. is there a way i can find out how much his life insurance was? i can't even get an accounting.
It’s valid that a beneficiary understand the rules of the road and the trustee also understand those rule. but this attorney has put up many videos with a sinister undertone against trustees. Some are I’ll-equipped. Others malicious. Oh, so that leaves said attorney who can peel away a trusteeship to his practice and reap the trustee fees In addition to hourly Billings to litigate. Money makes people emotional. What better area than saw seeds of doubt, pick up emotive clients, sue and collect legal fees then if successful collect trustee fees. Yes some trustees are bad. Yes some steal. Also some lawyers are bad and lawyers have stolen. Many trustees are honest, understand the laws of the state and follow said laws. Be very careful. Best way is open communication between trustee and beneficiary. I’m sure aunt Susie as trustee won’t charge hourly for your questions and for sure you won’t have a receptionist take a message to some lawyer who will gat back to you when he or she can. Watch with eyes wide open.
Hello. I am helpingy friend get info on her trust account. She is mentally slow. She has a car, drives and lives alone. Civilized? She and her sister are beneficiary's. Her cousin became her trustee. She thought another cousin was her sisters trustee. Looks like they merged early on and bought all my friends property. They bullied her and bought a cheap house (not in her name!) And left her alone. They send her 700 per month but makes her wait 3 to 4 months to send it. We can't get a return call back She's never been able to contact her trustee. Who lives in a million dollar home. All of them do I want a report of this account to see what they've done Is that fair for me to ask .I don't have power of attorney but she would give it me
Amen Lisa it's been since 2010 I have been treated horribly never given any information. But because he was my brother I didn't want to do legal action like what has been suggested for yrs. I gave him to good to take care of vengeance is MINE did the Lord
Is the person mentioned alive are both parties in active status to bring closure to one so the other is not disrespected you stand in place of the beneficiarys assigned to close agreement to make the person not in breech of there agreement eternal trust is gods trust
the lawyers are making a will not a trust up an not letting me are my trutee have any paperworj an they are saying im kicked out of my fathers trust an put me as a trustee an im the beneficiary said to the judge i was trustee an he had 15 homes an a farm an said all homes sold an it all over .So now im looking for another lawyer an needing help with a lawyer that can help me if any on knows someone plz email me at calderonejerri9@ gmail.com thanks for the help i needed it.
Hello, my sister is the trustee for my mother's trust, EXACTLY what you just said on this explaination, she has no idea what she is doing, I spent hours of watching your videos. You have shown me so much. Here's my question; she is trying to tell me that my cousin is the trustee if she dies, that's fine. In one of your videos, you mentioned that it takes 2 people in order for my mother to even open a trust. My mother split a $200,000 annuity also, that went as planned... $100,000 apiece, I chose to have direct deposit to my checking account and have received the first $1,000 because I opted to take the 10 year, once a month deposit. I was at that lawyer with her. Here's the problem, even "victim of poa is my user name ONLY because for years I was told she was the power of attorney. Well, she isn't, she is the trustee (I learned that from your excellent information) I hope you respond to this...am I a beneficiary to this trust? I think she's abusing her position. We are selling the house my mother bought. The price is $349k, she is trying to tell me that half of that is mine, and THAT'S IT she sent 3 pages of about 20 after I had to keep telling her that I wanted a copy. I received it today after 75 days! My cousin is not in the trust, but was made to take over as trustee by my sister if she dies. So, I only am asking for assurance, Am I a beneficiary? I believe I am, is that the correct assumption? My mother did not put me as just getting the annuity and half the house, so from all your videos I assume I definitely am, but I need reassuring because, she is trying to pull a fast one here. When you reply, I'm going straight to get a lawyer and why would she only send 3 out of 20 pages 75 days after my mother's passing? She is trying to play me, correct?
My Mother removed my oldest brother as Trustee of her Trust and assigned my youngest brother as Trustee a few years before she died A month before my mother's death , she was taken from her home to younger brother and wife to care for her ; Immediately after she was moved , oldest brother called me saying he had just visited Mother ? Obviously he went into her apt because he also said he grabbed a few things l would like I live out of State and l have 6 siblings who resent me for running away from home , at age 13 I have two adult children , l am 63 , Older brother then called a week later anxiously saying he could only " do this " while Mom was alive , claiming he was concerned about me getting my inheritance also saying he didn't want the money to go to the State since l receive SSI and HUD housing, He sent a document for both my children to sign as well as me , to receive a portion of the money upon Mom's death She died March 10 , he sent money to our accounts but is now wanting me to send a Notarized document back to him releasing him from any responsibility He has 20,000.00$ of my money still , and l really want to get it , but fear he has changed the terms of Mother's wishes and somehow diverted the bulk of my share into a Trust for his 2 yr old granddaughter , He innitialy spoke of setting a special needs trust up for me saying he could only do it if l lived in his State. It was never mentioned again and he became very verbally abusive when l asked how he set up one for his grandaughter I haven't heard anything from youngest brother who also became very cold while visiting Mom a few weeks before her death How does oldest brother still have access to administer my share when he was fired from Power of Attourney duties Please help
After my nightmare of having my inheritance stolen by a sibling Trustee... ALWAYS APPOINT TWO TRUSTEES & TRUST NO ONE, BENEFICIARIES!!!
I agree with you 100%
How did that happen?? We have a company taking the trust over.
I don’t agree. I’m currently trustee for my mom, who’s resigned the trust to me. The trust proceeds go in equal shares to my siblings and I when she passes. It’s been very hard to get everything set up and working smoothly. I can’t imagine trying to do this while also having to check with someone and agree on every detail. So glad my mom set it up the way she did. I do keep detailed records in case there’s ever a question.
but how is that possible if the trustee has to give you the assests in the trust if your a beneficiary? Just a question because my husband brother is a trustee but we have no information on anything.
Shpuld have been caught by an attorney or probate court. Its almost impossible to steal anything from wills and trusts. You should have sued. You would have gotten your money and the trustee would have been in trouble. Should have been reported before the trust ever settled. Sounds like they were doing it all on their own without any legal protections for anyone.
This was good info - my brother is the beneficiary of my fathers Trust, my sister is the Trustee, my sister had this Trust drafted by a paralegal in 2018 and according to the terms of the trust it states that she "shall sell any assets and property of the trust to pay off any and debt of the Trustor and then distribute 100% of the proceeds to said beneficiary" my brother. However my brother has lived in the property with my father for over 33 years and does not want to sell and wants to be gifted the home. Which was our fathers intention, also my dad had no debt that would require my sister to sell the home, there is a small mortgage and the bank has qualified my brother to assume the loan, but my sister refuses. She has also been the one accruing all the debt with attorney fees and selling my fathers car for less than FMV to accumulate additional debt. Not to mention she used and abused her POA to change beneficiaries from my brothers name to her name on an annuity my dad had while he was ill in the hospital and lied about it. Hoping the proof of her lying about the annuity money is enough to get her removed.
I'm successor trustee for the past 5 years for my mom's trust with her having dementia. She was very clear that she did not want my brothers to have information about her assets until after her death. I've done an annual accounting that I will make available after her death, and have gotten her signature on it for what it's worth. I document all expenditures and invest conservatively. I cannot imagine the nightmare if I'd been hit with this out of the blue. From my experience, I would advocate for not having co-trustees and also urge trustees to charge a reasonable amount for their time. You will never be fully compensated, but the stipend will help you not feel taken advantage of. It's a lot of work since the trustee also typically handles non-trust matters as well (bills, healthcare, etc).
My father recently passed away. I had been adamant to him when he was living that I did not want to be the head of his estate. The main reason is that my father was extremely secretive about his money. Guess what? To my shock, I found out when he passed he still assigned me trustee. I was way over my head and those first month was awful. I finally realized that I needed an estate attorney and CPA, despite my brother foo fooing me that I needed that help. OMG, what a incredible difference! I feel so much better and confident now. My father was wrong in not explaining things to me before he passed and why he was that way, I will never know.
Same thing happened to me because of Covid and some of the same difficulties 3 years later I’m still struggling to close out his estate even with a CPA ( closed his business 3 months after dad passed) his attorney old and very limited availability 2 brothers breathing down my neck grrrrrrrr frustrating!!
@@sambogarr8435 Since my reply, I finished my dad’s trust. I have been able to focus on grieving my dad now and healing from losing him. Good luck with finishing your dad’s estate. 🙂 I was wondering if you have the option of hiring a different attorney. I disliked my dads attorney and found a different attorney who was wonderful.
Having an attorney makes one a "ward of the court", "an infant", of unsound mind....
Thank you again so much. We are working on having our Trustees suspended this week, and removed as soon as possible. I appreciate your comment about them being in over their head. In my first comment to the lawyer we hired to clear this up I said, "We believe this was not done maliciously, just incorrectly and our object to simply to correct those errors." Unfortunately, it still went south, and rather than attacking the Executor of the Will (me) (and sister to the beneficiary), they have begun a personal attack (complete with being accused of stealing jewelry during the Estate inventory). Not a pleasant experience.
I got a letter from my parents attorney about 12 years ago and It said I was the trustee to their estate. I had zero clue what that was. I asked my parents and I had no clue why they chose me out of all the kids. Maybe because I was active duty military. I ended telling them I didn't like planning for their death and I had no clue what a trust is. I think the parents should have a talk with who they want as a trustee first. I was caught off guard and clueless.
Actually, in most cases the Trustee does not automatically handle the planning for death or the funeral. That is is usually left to the Personal Representative named in their will (which also may be you).
I agree. Dad passed without noting what tangible personal property (TPP) went to who. Now his girlfriend is claiming everything!! saying it was all gifts to her. The document states the TPP is to go to me and my sister. However, since they lived together for 20 years, their TPP was comingled and it's like trying to untie a spider web. I'm finding that rather than being able to grieve and go on, I'm getting mad at my late father, and then that just makes me cry more!
?
At least your parents love you. I am not sure what you're complaining about. Be a man and learn what a trustee does and how to act as one.
I made a mistake in trusting my own mother after my father died. Big mistake. She is attempting to remove my from my father's will and trust. I hate her. My own blood mother, too. Life blows.
Well, Paul, I wish I had seen this video 12 years ago! It could have saved a relationship of great importance to me! I am sick to know
just how I have been scammed….by someone I trusted to the end of the world!!! Please repeat this often to save many people from
deep heartache…not because of the financial side alone, but the shock that such a thing could happen between two people that shared every part of childhood until adulthood and ………….It still hurts….and that person has no idea why!!!! I go on and live life but
the sunshine is lost in the fog! People check, follow through, demand facts and evidence!
Lynda we have the same exact situation since 2010 it's been horrible for me I didn't want to get an attorney against my brother. I prayed God to handle it this video popped up with confirmation! Vengeance is mine says the Lord!
Sorry to hear of your loss , l am currently in a similar situation with my oldest brother holding half the funds that he is not even acting Power of Attourney for , he's wanting signed Notarized document s that are handwritten for me to accept the remainder of the money willed by my Mother , but l have that sick feeling he transferred the bulk of my inheritance to himself somehow and forged her last wishes l am stuck between wanting the remainder he's holding , and hireing an attorney which might lock everything down for who knows how long and how much it will cost ...any suggestions ?
Thanks
What about a self settled needs trust? My brother wasnt supposed to leave me shares because of disability nothing but a nightmare in my failing health my mother had other intentions i saw the will b4 she passed and before the Will was Changed .
How long does it take to get an accounting from the moment I file a petition demanding an accounting to the moment I actually get an accounting?
I am a contingent beneficiary.
Been a little while looking forward to watching your shows again thanks for explaining the law easily
Thank you! My mother and I have been dealing with a Will.
OMG I am So irritated because I am a beneficiary and my uncle will not tell me a darn thing, it's irrevocable trust, My Mom is passed on already and so My Grandpa left us all money Alot. I recently became widowed and have children, I am having a heck of a time when I need it the most so I called a Lawyer. I hope this works because this is absolutely AWFUL!
Im right with you and am having a consult with attorney tomorrow. This feels like some Get Smart type stuff
Thank you, Paul... Your videos are the best !!!!
Great info. Thank you Mr. Rabalais, for this and all your other videos.
What if the trust creator doesn't want any of the beneficiaries to know what the other beneficiaries received? They'd rather not even have anyone know who all the beneficiaries are. Must I (as the trustee responsible for disbursing the benefits) reveal the full text of the trust to any beneficiary who requests it? I suppose I might just offer them an excerpt of the portion that relates to their benefits only, and play chicken with them as to whether they want to pursue legal action to force me to reveal the full text of the trust. But it'd be nice if there was an easier way. Thoughts?
I was the full time caregiver for my mother for 7.5 years ending this past July when she passed. I’m now the trustee of her trust. I thought this would go smoothly but the BS started before mom was even in the ground. Made an appointment with an attorney right after that. There are 9 beneficiaries including myself. Only my sister and I have been sorting through the 6 bedroom house + garage filled with 70 years worth of stuff! I’m ready to hire it out.
What I did was to take any items of obvious value and distribute to beneficiaries or sell them on ebay, and deposit funds in the Trust. Then I offered a neighbor to take anything else in the house, under the provision that they had to take EVERYTHING, even if they ended up throwing some stuff out or calling the Salvation Army. Then call a realtor to sell the house and if any cleaning services are required, they will let you know how to get that done and how to pay for it.
In a case where a fraudulent Trust was created through Undue Influence & Lack of Capacity: Let's say the document is determined to be VOID by the court and the valid pre-existing Trust is accepted as the correct one. How do the beneficiaries collect their inheritance? Does the probate judge order the stolen assets to be returned and distributed according to its terms? How does that work?
Would like to hear the response regarding this scenario described above.
@@davidbutterfield5758 Revocable Living Trusts and Trust litigation attorneys are super overrated. A bad Trustee can easily steal the entire estate and get away with it. This is what happened to me and other beneficiaries. Trust litigation attorneys are totally useless too. All they care about is getting money in their own pockets. No offense, but the legal system is broken.
Is this true to all state laws? For example, are New Hampshire laws different from Colorado laws?
Wow...I was just thinking about this last night
After my mother was committed to dementia care my brother sold the contents of the house & barn to raise funds to pay me off for the real estate. He has been quiet and told me nothing. He presented me with a check and told me he and his wife sold their retirement plans to raise funds.
Thank you! Feeling a little bit better now. Still not sure if I understand my unique situation. but I am still trying! My only goal in all.of.this ,is to learn enough, in order to honor My Love one's last wishes,and to bring closure to all of, us during this MOSTLY the difficult time in our LIVE'S ! against I am sincerely great full to you, and how you are helping people like me ,to understand ,so that we may shed some light on the matter,so that we are able move on ,by going forward in our LIVE'S!!! Embracing " PEACE. OF MIND. " sincerely yours. Plano kidd
Hello, I've watched most of your videos. But they all seem to be about family members. I wish you could make one for people like me that have no family and just want all my assets to go to Charity's. As I'm Single never married no children. I do have an older brother but have not spoken to in over five years. And we have you can say Disowned each other. I have no property just my 401k and an older car and a heck of a lot of tools I've collected over my life time. I'm disabled and retired. And just want to make sure all my assets go to Charity's Peroid. I don't think that my brother would try to contest my will or trust I'm still trying to figure out which one would be better and easier to do. I think it would be great if you made a video for people like me. And what the pitfalls of either a trust or will could be.
@FussyDo Flamenco I'm sorry to hear this 😪.I lost my best human friend due Sadly to politics. Then just last month had to have my Sixteen year old kitty to sleep. She was the best friend I had left 🥺. Also lost a good friend a few years ago he had moved in below me and had worked at Hughes Aircraft when I did. He even brought a new SUV because he wanted to see places like the grand canyon, Yellowstone, Yosemite, etc, But unfortunately died from cancer a year and a half ago. Try to stay strong and safe in is crazy country we live in especially Nowadays 🙏🖖
I'm not an attorney sir, and rules are different with every state. That said, it is quite likely a properly prepared will is all you need if you want your estate to go to charities.
A couple consults with attorneys in your state will leave you much more informed, so as to make the best decisions.
Whatever you do, so it SOON. You don't want to have a heart attack or hit by a car and let the STATE get everything you have worked for! This is what compelled me to get my affairs in order!
Hope this helps.
@@pvmoore1154 Thanks that's exactly what I'm trying to do. I've been traveling quite a bit lately looking for a nice inexpensive home in a rural town. And on one trip witnessed a head on collision that if it had been twenty seconds sooner it could have been me. The way people drive Nowadays has been a real eye opener for me. And like you say the LAST thing I'd want is this totally screwed up government taking all my life savings. I'd rather burn it .it's bad enough being quoted three to four grand for a simple trust. Or knowing that lawyers costs and all that nonsense could get most of it in a will. It's Sadly amazing how greedy people have become money especially in this screwed up country Nowadays. 🙄🤨.
@FussyDo Flamenco Hello FussyDo. The rural areas I was looking at. Were places I had stayed at back in the early 80's when I use to ski alot. Was even a Ski bum for a season at Mammoth Mountain. And at the time had a good friend who lived in northern Nevada. And had visited him a few times and really liked the Area. Back then a nice small two bedroom house with a basement and a small garage could be had for 40k. Nowadays with this Covid nonsense that same house was sold last year for 115k as back in July of this year I drove up there looking at places even checked out the place that I had seen back in the 80's. Witch the realtor had told me what it sold for 😳 last year and besides a driveway and paint and a new roof put on in the late 90's the place looked exactly like it did in the 80's. Almost bought a house out there had everything set just waiting for escrow. But unfortunately the property turned out to have a lean against it from a contractor who had done some plumbing and fondation work. That Apparently didn't get payed. So there was a 11k lean put on the property. Realtor sad he would see what he could do. But the couple in their 70's instead pulled it off the market. Anyways I've got your email address and will try to email you but at this time I'm just trying to take care of a ton of things. A will or trust is the most important thing right now. BTWim a Conservative Republican, actually now an independent. Just so you know. Hopefully I'll try to send you an email soon. So if you get one from peon###@gmail.com that will be me. About Hughes Aircraft it was the best job I've ever had our group was like family. But when GM Sold it and I went to work for them. Sadly it was just the opposite nothing but brownnosers and back stabbers 😒. Hopefully talk to you soon. Hang in there 👍
In case this is still an issue for you, or for others, I believe you may do this with a beneficiary designation - easy, peasy! Just contact the retirement plan administrator or any brokerage firm where you might be able to transfer the assets, especially if you are no longer employed by that company. If you have a charity identified (do your due diligence that they are legit and efficient) - they will have guidance for you. This is my experience, I am not a lawyer. Best wishes.
If you are a beneficiary of a trust and the trustee is completely ignoring you and not honoring his/her fiduciary duties the absolute first thing you have to do is hire an attorney to read the will, trust, possibly amended trust before you file a petition to have the trustee removed.
There could be language in the trust that if a beneficiary tries to remove the trustee that beneficiary would forfeit their inheritance.
That’s why it’s extremely important to hire legal assistance because the average person will not understand that law language meanings and interpretations are not the same as common language.
My brother is the trustee he hasn't let me see it I have asked him 3 times they did call me to ask me for my address and social security number. Do you know maybe why??
@@lzzygrl9ify
What ever you do Do Not sign your name to anything without legal representation.
I will get back to you in a few minutes
I haven't signed anything! he filed Taxes because he asked for my social number. The house sold in October of last year and I am still waiting...Thanks for your response
@@lzzygrl9ify
My apologies I just seen your text.
If you have any other questions feel free to ask, I know how it can be very difficult dealing with a trustee.
@@jimmoravec1326 Why do they file taxes?? And ask for your social and how long does it take... Thanks for answering me
I admired your knowledge Mr Rabalais,and I appreciate the time you dedicate to this videos as well andBTW you are by far the easiest to understand and follow of all the lawyers and programs like these. that I have listen to and have saved in the last three years or so (I lost count) and I want you to know if you would live in Miami Florida I would hire you in an instant👏👏👍👍☺️🙏🙏
I appreciate that
@@americasestateplanninglawy1946 you really are! What if ssi sssnt irrivocable runs out of funds 50,000 because trustee didnt do fiduary duties correctly and i dont have alot of time left and trustee is threatening to walk out and leave me Homeless. Devestaed please inbox me tyia. 8/25/22
@@denise8216you have rights- look for a beneficiary rights lawyer or lawyers for beneficiary abuse, there are more rights you have then your aware of. The laws have become stricter on trustees in their fiduciary duty to beneficiaries. It also is no longer the case that a beneficiary must wait til the settlor dies to have an accounting. If a beneficiary requests an accounting the law of recent has begun leaning more in favor of beneficiaries having a right to see an accounting
My trustee declared that there were no living beneficiary in the state of California when I do indeed live in California. What should I do?
I was just evicted from a home that was in a trust for me. Please help me!
This great information. Thank you. But lets say a friend has indicated that I will be added to his trust which I will have the house but the house is not paid off yet and he want me to continue to pay the mortgage with the current interest rate. Is this even possible? What would I need to do from my end? Thank you for any information that you can provide.
I didn’t hear whether contacting the bank where the trust is held is advisable.. (?)
Maybe right
What is the difference between a revocable and irrevocable trust?
Revocable you can change anytime. Irrevocable you cannot change. You only want Revocable.
What are the Accounting requirements for the Tangible assets?
My parents were very vocal they set up an irrevokable family trust in 1989. My father passed in '97. I can find record of his will and the trust submitted in probate court. I just recently learned my mother passed away 7 yrs ago with no notice to me at ALL. Sibling named himself trustee and claims 'nothing is left' of the 7 million dollar trust. There is NOTHING i could find so I paid a service who confirmed she found a death notice. How can it be ? How can the trust settle? How can they not notice me and nobody noticed? Not having the $7k retainer im trying to write the demand letter... this here is research...
How can you not know of your own mother's death?
Mr Rebelais, years ago before re-marrying I asked a favor to my ex-husband to put my house on his name to protect it from my new husband’s children, who just passed away. He did accept and put a house on a trust account, but I do not see my name on the living trust paper. Should I be worried about it?
My husband set up a trust but have not shared that information with me. What do I do? I overheard him on the phone talking about it
Are there any benefits to setting up a trust in the Cayman Islands??
My husband died last year and he was receiving funds from his family trust. My children are the benefiaries but the funds are being sent to my husbands sister.
I am beneficiary of my dads house he is still in nursing home but I am living at the house free rent and my brother is trustee not yet but my dad is still alive now he lies about eerything and wont tell me anything, he is trying hard to get me to move out, but I wont because he lied, should I move out or stay,
@Shelia Metcalfe-Farmer Thanks for the reply I plan on staying till it s sold and the new orders kick me out, but no one will buy it with me living there and he can not sell it for less the value or i can stop the sale, not much he can do left, i live in the back of the garage not even in the house , nothing i have is left in the house just my dads stuff he is still alive I hope he can come back before he dies but my b rother is keeping him away because I am no jabbed and boosted
I have no idea what kind of trust was put in place for my parents by my father. Yet as the first born beneficiary and my brother also as beneficiary we both don’t have paperwork yet know the attorney that set this up basically for parents home, cars and assets. Our mom is living in a nursing center for over 2 yrs and we don’t know any details yet our dad’s been hospitalized and we just don’t find it appropriate to ask yet can’t find paperwork even in house and have many questions. Can we get some guidance?
what are my rights as my fathers daughter on the living trust if he decides to get married?
I NEED HELP! I don't have the money to hire an attorney because I have been sick for the last 4 years and I don't qualify for disability. My grandfather named me "Qualified Beneficiary" (Sole Heir) when he passed away in February 2009 to an Irrevocable Trust. To this day, I have NEVER been able to get ANY INFORMATION! I have found out that embezzlement has occurred as well as someone in the family impersonating me and signing documents in my name. It has gone so far that, in my home state, there is a warrant for my arrest from earlier this year, when I was living in a different state! What help or advice could you give me?
Do you have a copy of the Trust agreement, or do you know the name of the Trustee? You need to gather all the evidence you have and if you are reasonably be sure that a crime has been committed and have evidence for that, then you can try and contact the district attorney for the county where your father died. But you will have to consider what would happen regarding the warrant against you.
Hi Paul, great information. my property has been recorded in Nevada. should I provide a copy of the living trust to my trustee?
0 seconds ago
You supposed to give a copy to all beneficiaries,Trustee,anyone that you trust with all of your heart too,You want that living trust copies to exiat because if not your assets can be lost and the state can take them:
Remember these are your wishes while ypu are alive so no one can do anything to change them.
@@veronicaadona9202
Thank you so much for your reply, Veronica
Paul, who can you recommend in Virginia, I think I have 5 years to sue. In va
On an A and B living trust does the surviving party have the choice whether to actually follow through with splitting of trust assets and closing that estate distributing 50% into a disinated beneficiary account and opening a survivor trust account. If it was not followed what is the beneficiaries rights to the record of the accounting from the first death and should I worry if there's six recordings of a quit deed claim?
My Mom left me a Trust but put my sisters kids as Death Benifituary my VA counslers said it crossed over limitations of Family Tree in case I wanted to remarry !
My black widow stepmother has lied and kept all information from me. She has committed fraud elder abuse, neglect and grand theft. Can you please advise me of how to proceed with El Dorado county Superior Court? I don't even know if there is a legal trust!
That's great THANKS
is revocable responsible for a copy or accounting?
Hello, my mother in law have passed, and my husband had as well. How would we know who is the trustee of the trust?
How long, what is the average time I could expect as a beneficiary from the moment my trustor/ grantor dies before disbursement of funds from a Living Trust? I am trying to plan ahead - and start saving $ because I worry it could take time, even without having to go to Probate. When my father passed away in 2017, I remember it taking almost 6 months before actually being issued a disbursement check. What all goes on that causes it to take time? Thank you!
Paul,
Please help my father. My grandfather passed away and we cannot find his attorney. We know he is in Oceanside California area. Who can I call to get my father a copy of my grandfathers will? There is for sure a will in place.
I know someone going through probate Can a judge take a beneficiary off administration ..rapid inheritance is trying to make more money off of a beneficiary by selling one of the properties and trying to force the beneficiary off administration the judge is siding with rapid inheritance is that legal by any means ..
need help n texas have been given no info isince 2012 my kids are beneficiary college was to be paid for as well as for us to be kept in same living conditions my son cant get house till 25 but was supposed to be allowed to live in home which we have v]been denied also help
Not on this topic but info could be helpful to me and others. My father-in-law has recently been admitted to a memory care unit nearby. He has a sizable coin collection that is not listed in the revocable living trust that he and my mother-in-law have setup. My wife is listed as the primary trustee and has power of attorney in force. My mother-in-law has asked me to analyze it and sell it to put the money in their bank account to avoid it having to go through probate. They are not in need of the funds (yet). Is this a good idea? None of the heirs are greatly interested in the collection as a unit.
Does your father-in-law have a will? Often times the will states (for people who also have a trust) that any assets go to the spouse upon death, and if no spouse is still living then the assets go to the Trust upon death. This is called a pour-over will. But if the coin collection is community property between your father-in-law and mother-in-law (and not in the trust), then your mother-in-law probably has the right to sell it and keep the proceeds right now. Since you refer to "their bank account" I assume it is a joint account, and that the account is therefore community property, as the coin collection might also be.
I am currently going thru a situation where the trustee has violatedball.the terns set forth in the will.and their obligations as the trustee and has failed to provide any requested documentation or proof of accounting and there is lots of money moved around and missing from the liquidated assets ! I am having trouble finding an attorney in CA that I knkw will go to bat for me and what is a reasonable fee for such a case please and thsnk you
You can send a demand letter to the trustee for an accounting to be provided to you within a reasonable amount of time. If the trustee still refuses they are breaching their fiduciary duty to the beneficiary. In which this is already happening because you have asked already. You will need to make a petition to the court to compel the trustee to produce an accounting. If you can't get a lawyer try a paralegal service or learn to do it yourself. The court will set a hearing and usually a judge will order the trustee to give an accounting within a set period of time. Usually the reason a trustee doesn't cooperate is because they are stealing and hoping you don't take them to court. You will also want to do a separate petition to have them removed as trustee to stop them from damaging you further.
Should you have a Trustee be someone who will not be a beneficiary? Should you compensate the Trustee?
My dad made a living trust, we all signed it and finger printed it but we haven’t registered it with the city. Is that Beardsley or can that be done after? We all have a copy of it but my father said not to register it with the city until after he passes away. Will it still be valid ?
A trustee just informed me i was a benefuciary of a trust. Well, they informed my husband, not me directly. Aslo wont really answer any questions. Just says the attorney has to set up trusts for each beneficiary? This is where im thrown off. Its not a direct disbursment of cash or whatever. I do believe it will be shares of stock that i inherit. Is a trust the same as a brokerage account? I wasnt ecpecting this so im not educated on any of it. Does the amount make a diff on how its disbursed?
The only thing the trustee has really said so far was that we all (beneficiaries) needed to sit down with financial advisors to learn about it all. 🤷♀️
Ok I have a question someone help lol my grandpa died but before he died he said something to my mother (his daughter) about him sitting a lil something something to the side for her and her brother...but my mom believes his wife did something funny with the money because they asked about her receiving pension as a beneficiary or something like that but she hasn't drawn any money or received anything because she was not aware of anything so now she's a bit curious...so we're trying to figure out how can we figure out how can we find out I he left something and who he left it to..not really sure how to word it honestly but can't find anything related to my issue
My bank checking and savings accounts are in a Totten (POD) trust with a beneficiary. But I would like to keep the details of my bank accounts secret from that beneficiary when I die--I don't want the account and all its deposit and spending history just turned over to my beneficiary with the money. That knowledge would cause severely painful (nothing illegal) negative consequences to my beneficiary's life-long emotional state. But my "personal representative" (as MA calls it)--who is not necessarily the same person as my beneficiary--is responsible for filing my final year's income tax returns, so someone needs my income information. I don't object to a tax preparer having the necessary access to my bank accounts and other essential data. Still, I want that data and my tax return to be kept from my beneficiary. Will (say) an attorney be willing and allowed to do this?
You should hire an attorney.
Please mark I can really use your help with my inheritance.
My husband was on his still living grandfathers trust fund when he passed away last year of a fentanyl overdose.
We were married and have two young children (2 yr old and 8mo old right now). When he passed we had a 1 year old and I was 5 months pregnant.
His family wouldn’t put the children on his portion of what he would have inherited.
They are now suing me for grandparent rights even though me and my children have never depended on them financially and we have never lived with them.
Their dad suffered with addiction since he was a teen and living at home. I’ve never done drugs and I am a fit parent. I have an education, house, full time job and benefits, and my children go to daycare.
I don’t understand why they won’t spilt what he would have inherited for our girls, why do they want rights to my children if they don’t want to help them with their futures?? They even tried stealing the gofundme money that was raised when he died. I only got it back bc I said I would sue for fraud if she kept it. I made college saving accounts for the girls with that money.
What are your thoughts? Why do you think they are acting this way? (Particularly his mother, my ex mil)
Hey Adriana. I'm sorry for your loss! And for your monsters in laws! I'm dealing with some family horrors myself if you ever want to talk, I'm a decent listener and as of now I don't have any family that I have any reason to interact with. It's pretty sad. My email is on my channel information and my heart goes out to you and your girls for this turn of events. I will keep you in my prayers. My name is Pepper by the way.
Can you sue them ?
The children have rights to inherent what belonged to dad and they know this,So sorry for what you went through.
My father is in a nursing home he has an account called death on transfer I guess the beneficiaries get it after he dies from my question is that does the nursing home get that money
What do you do when the person whose living will is still alive but the Trustee has given all the information of the living will to others? This is a non-revocable trust.
How much dose a trusty pay thier self 🤔
An is it the net worth or after all bills have been paid they get a % of the remaining balance
I've never added a comment on a video before... I hope you see this
Is there a time limit on fiduciary responsibilities?
My grandmother left me money that went to a trust because I was a minor, and I was told it was gone when I was a teenager. He never kept in contact. Later in life I reached out and he confirmed that it was gone. Is it possible to lose your trust?
I am a beneficiary in a trust. The person died 10 months ago and the successor trustee has not communicated any terms of the trust to me. Is it too soon to request a copy if the trust from this person?
As a trustee, this trust was set up to deal with any beneficiaries that cause trouble to just have them removed.
Great Info. This 2nd Time Around I Would Haye Too Have A "Horror Story".
My case is in Florida. Florida father of children but married to a woman not the children’s mother. Before dying created a trust and told a children that they were beneficiaries of the trust with the wife as trustee. The wife and her attorney say they do not have a right to even see the trust. Is this because they may not be entitled to any benefit while she is alive?
Is there anyway that I could have a trust that I don’t know about somehow my grandfather passed when I was 8 yo and my mom is shady
I am 61 my dad died 6 years haven't received any information
Well the only way you can get anywhere is to hire an attorney because you as a beneficiary have no right to file a complaint or petition against the trustee.
What these attorneys all fail to mention is what about the people that cannot afford to hire an attorney, instead all the advice they have is that you have to hire an attorney.
I guess they all assume that everyone can easily afford to hire one.
In my jurisdiction and experience the word fiduciary is just that, a meaningless word.
I hope things get better for you and take care
Spouse passed away have a 19 year old should I leave it to my 19 year old all my life insurance, accounts home car ect? Or to my responsible brother to over see my accounts ect for my son?
You should probably leave it to your brother to oversee it for your son
Leave it to your son. He's the heir.
Let Fidelity, Shwab, etc be the trustee and set it up so that your son does not receive it until he is 35. If your son is not responsible by 35,... he never will be. He will theoretically have the additional benefit of working/taking care of himself for 10-15 yrs, which "should" give him a much greater appreciation for the blessing.
Giving a 19yr old significant wealth is irresponsible on your part,... as 90+% will blow through it. If you believe your son is the exception to the rule,... that is on you.
Cheers!
First, you have decide at what age your son should be able to use the funds if you suddenly die. Many times parents don't let the children have control of the funds until at least age 30 (but the Trustee can pay for their college expenses, etc before age 30).
We need your help explaining where does a benifiurary go or do to get his trust company to stop spending thousands of dollars on lawyers fees so they can justify there spending and using it for there annual accounting plz ir plz help us
Companies provide Trust services to make money, just like every other service business. The only way to stop that would be if you were the Trustee, or could replace the existing Trustee and do those things yourself. You are entitled to a copy of the Trust agreement, which might mention under what conditions a Trustee can be replaced.
The trust is trying to take my son by filing all kinds of stuff on me .there suppose to be doing an accounting on the trust not filling stuff against me . And spending my sons trust . Some trust company's need to not spend the trust down to nothing so the benifiurary that has the trust can use it. He woukdnt need it if it wasn't for the doctors who screwed him up .so how do I save him from this ? I can't find an attorney who will take this on and do the right thing . It's terrible damaging people's life's and no they should not beable to just keep spend on them selves and the person has know way to protect them from these terrible trustees . I have been through hell sorry its no fun and my son has been damaged for life we just need help getting help out of this horrible nightmare.
Question If 2 people are on a home deed GRANDMA and Grandson And Grandma dies But grandma dies and has 2 benefeciries Do those 2 benefecries become 3 part owner on house with grandson ? IN GEORGIA IM GOING THRU A NIGHTMARE HERE
What if you don't know who the trustee is and haven't been able to figure it out
Work done at my house was overcharged and price gouged. The middleman trust asset company did the invoices which aren’t complete and are summaries with no itemization of costs. My trustee paid it and the trust asset company said I couldn’t sign the invoices after work was completed. So I didn’t see any invoice, cost, even bids, TASC said they’d handle everything. They left me in the dark and I paid quadruple what my neighbors paid for the same exact service. How is that fair or right?! And how much is TASC charging for their middleman service fees? I was forced to use TASC and their chosen list of vendors which are horrible. I’ve used certain companies for years because I trust them to be fair in pricing but when this other random company stepped in that’s when the problems occurred. I want nothing to do with TASC they’ve been a nightmare!
Thank you for sharing your story, I fear I will be stuck with this exact same situation if I have any necessary major house maintenance issues.
There should be a better solution/transparency required by law!
My father in law isn't offering any information and I am a beneficiary. My mother in law left me some fundS but now there is no discourse.
I'm the beneficiary of my God fathers trust.His attorney(?)is the administrator but he has not contacted me and he passed in Sept.2021 . What should I do please help
My father's stepson hired an attorney in San Bernardino County California to draft fraudulent legal documents. The stepson (my half-brother) kicked me out of the estate property and stole my inheritance...the entire estate assets to include millions of dollars in the financial accounts.
I'm homeless with no means to hire an attorney.
I'm so sorry for what happened and what you're going through. If the documents are fraudulent do you have a copy of the legal original document? You can contact a paralegal service to try and help you.
Paul, I was sent to a different country right after my Grandpa died and I am a Beneficiary. I was sent to Thailand . I got Nothing .
Good advice as far as it goes. Hire an attorney to compel documents. OK.Now you have the documents and it is obvious the trustee committed some monkey business in executing the trust. What action should be taken now to recover your due as beneficiary?
Hello you have some Great information I can use my two older brothers are the trustees of my parents trust and they have ripped me off terrible I am fixing to sue the heck out of them and I hope they go to prison for what they have done thank you
my grandpa set up an educational trust for me and my cousins making my uncle a trustee, he set it up for his life insurance to seed the trust but I don't know how much that was and my uncle set up a separate account just after my grandfather's death. is there a way i can find out how much his life insurance was? i can't even get an accounting.
“We never know the worth of water til the well is dry”
-Thomas Fuller
“Walking distance to the Riverwalk “
-Dr Carl 🥰 Dr Suez
It’s valid that a beneficiary understand the rules of the road and the trustee also understand those rule. but this attorney has put up many videos with a sinister undertone against trustees. Some are I’ll-equipped. Others malicious. Oh, so that leaves said attorney who can peel away a trusteeship to his practice and reap the trustee fees In addition to hourly Billings to litigate. Money makes people emotional. What better area than saw seeds of doubt, pick up emotive clients, sue and collect legal fees then if successful collect trustee fees. Yes some trustees are bad. Yes some steal. Also some lawyers are bad and lawyers have stolen. Many trustees are honest, understand the laws of the state and follow said laws. Be very careful. Best way is open communication between trustee and beneficiary. I’m sure aunt Susie as trustee won’t charge hourly for your questions and for sure you won’t have a receptionist take a message to some lawyer who will gat back to you when he or she can. Watch with eyes wide open.
How does a trustee become to get 50/50 I am the beneficiary
Brothers lawyer will not give me a copy of living trust , or will
How would a trust beneficiary know there was even a trust or that they were a named beneficiary?
I have the same question.. I have never been contacted however I know my grand father has a revocable living trust he left behind.
Hello. I am helpingy friend get info on her trust account. She is mentally slow. She has a car, drives and lives alone. Civilized?
She and her sister are beneficiary's. Her cousin became her trustee. She thought another cousin was her sisters trustee. Looks like they merged early on and bought all my friends property. They bullied her and bought a cheap house (not in her name!) And left her alone. They send her 700 per month but makes her wait 3 to 4 months to send it. We can't get a return call back
She's never been able to contact her trustee. Who lives in a million dollar home. All of them do
I want a report of this account to see what they've done
Is that fair for me to ask
.I don't have power of attorney but she would give it me
So true.
Bottom line, you need to hire an attorney.
That is so true
Oh all of the stuff you said my brother is doing and worse
Amen Lisa it's been since 2010 I have been treated horribly never given any information. But because he was my brother I didn't want to do legal action like what has been suggested for yrs. I gave him to good to take care of vengeance is MINE did the Lord
Is the person mentioned alive are both parties in active status to bring closure to one so the other is not disrespected you stand in place of the beneficiarys assigned to close agreement to make the person not in breech of there agreement eternal trust is gods trust
Ihaf frudlant doucment😮
In Michigan can a convicted felon serve as successor trustee?
the lawyers are making a will not a trust up an not letting me are my trutee have any paperworj an they are saying im kicked out of my fathers trust an put me as a trustee an im the beneficiary said to the judge i was trustee an he had 15 homes an a farm an said all homes sold an it all over .So now im looking for another lawyer an needing help with a lawyer that can help me if any on knows someone plz email me at calderonejerri9@ gmail.com thanks for the help i needed it.
Iagree trustno one 😂
Hello, my sister is the trustee for my mother's trust, EXACTLY what you just said on this explaination, she has no idea what she is doing, I spent hours of watching your videos. You have shown me so much. Here's my question; she is trying to tell me that my cousin is the trustee if she dies, that's fine. In one of your videos, you mentioned that it takes 2 people in order for my mother to even open a trust. My mother split a $200,000 annuity also, that went as planned... $100,000 apiece, I chose to have direct deposit to my checking account and have received the first $1,000 because I opted to take the 10 year, once a month deposit. I was at that lawyer with her. Here's the problem, even "victim of poa is my user name ONLY because for years I was told she was the power of attorney. Well, she isn't, she is the trustee (I learned that from your excellent information) I hope you respond to this...am I a beneficiary to this trust? I think she's abusing her position. We are selling the house my mother bought. The price is $349k, she is trying to tell me that half of that is mine, and THAT'S IT
she sent 3 pages of about 20 after I had to keep telling her that I wanted a copy. I received it today after 75 days! My cousin is not in the trust, but was made to take over as trustee by my sister if she dies. So, I only am asking for assurance,
Am I a beneficiary? I believe I am, is that the correct assumption? My mother did not put me as just getting the annuity and half the house, so from all your videos I assume I definitely am, but I need reassuring because, she is trying to pull a fast one here. When you reply, I'm going straight to get a lawyer and why would she only send 3 out of 20 pages 75 days after my mother's passing? She is trying to play me, correct?
My Mother removed my oldest brother as Trustee of her Trust and assigned my youngest brother as Trustee a few years before she died A month before my mother's death , she was taken from her home to younger brother and wife to care for her ; Immediately after she was moved , oldest brother called me saying he had just visited Mother ? Obviously he went into her apt because he also said he grabbed a few things l would like I live out of State and l have 6 siblings who resent me for running away from home , at age 13 I have two adult children , l am 63 , Older brother then called a week later anxiously saying he could only " do this " while Mom was alive , claiming he was concerned about me getting my inheritance also saying he didn't want the money to go to the State since l receive SSI and HUD housing, He sent a document for both my children to sign as well as me , to receive a portion of the money upon Mom's death She died March 10 , he sent money to our accounts but is now wanting me to send a Notarized document back to him releasing him from any responsibility He has 20,000.00$ of my money still , and l really want to get it , but fear he has changed the terms of Mother's wishes and somehow diverted the bulk of my share into a Trust for his 2 yr old granddaughter , He innitialy spoke of setting a special needs trust up for me saying he could only do it if l lived in his State. It was never mentioned again and he became very verbally abusive when l asked how he set up one for his grandaughter I haven't heard anything from youngest brother who also became very cold while visiting Mom a few weeks before her death How does oldest brother still have access to administer my share when he was fired from Power of Attourney duties Please help