Find Senior Care (City or Zip)
Join Now Log In
A
Alexander828 Asked October 2016

My Dad was assigned by an elderly woman to her trust. Could I receive any remaining funds?

We acted as Co-Caregivers and both have passed. I have received -continuing bank statements- since His death in 2009 and Hers in 2005. She has an elderly daughter (69 yrs old - approx.) in a group home on SSI for 2 decades and as I understand if this amount were added to her income it would reduce her monthly income. Would she share this or receive the entire amount? The account has been dormant since Mothers death.

pamstegma Oct 2016
If I were you I would petition the court to be a successor trustee, since Dad is deceased, mom is incapacitated and the daughter is disabled. Once appointed the bank will cooperate with you in handling the account.

Alexander828 Oct 2016
pamstega , The bank didn't start sending the statements until about 2 years ago... 5 years after his death and they finally have marked him deceased this year on the statements. The executor (My Mom) was not aware of this at the time. He did much work for others and up to this time most of them were closed out correctly, She found the records and worked to make sure they were closed. While She is still alive, She will not be any help as She is now in nursing care also and does not have any memories about this. I am attempting to do the right thing for Her daughter.. I really was under the impression that the trust was set up for both Mother and Daughter ... I remember talking with him about this but none of our family was given much information

ADVERTISEMENT


pamstegma Oct 2016
Alexander, who handled your father's estate? The executor should have notified the bank that the trustee (your father) was deceased.

Alexander828 Oct 2016
My Mother was not involved. I was a caregiver for her after He no longer was physically able to help Her up when She had fallen.(She carried a portable phone and called at all hours) HE took care of Her Trust and I wasn't privy to that info............ I never opened the bank envelopes until recently hoping that someone else was inline to take up the job

Alexander828 Oct 2016
My Father took care of this Ladies needs as She wasn't able to. The daughter has been a ward of the state for at least 20 years. Up until the lady went to a nursing home (and soon thereafter passed away) She had him take care of her finances realizing that She was behind on her bills. I wanted to know whom could find out this information and appropriate the funds to the daughter if need be.(You were correct to Her special needs) There was no intention on my part of stealing funds or anything like that. I am going to continue to look for an agreement between them but up until now haven't located any. ( I assure you that Dot didn't trust any men just my Father and I) I wish that He had made arrangements for this Trust to be taken care of after his passing ( I don't think He expected His own demise as soon and He was starting to fail also. He spent much of his life working for people with disabilities). Thanks all that tried to answer my problem.

GardenArtist Oct 2016
I have the same questions as VegasLady. I've never heard of someone being "assigned" to a trust.

I also don't understand the role of your mother's death. Your post suggested that you and your father acted together either in trust management (were you trustees?) or in caregiving.

If CWillie is right and the trust was for a daughter with special needs, you have no right to the funds in the trust. But if the account has been dormant, is the money just "sitting" in a bank account, and not being used for the daughter's needs?

Sorry, your post is very confusing.

cwillie Oct 2016
I assume this trust was set up to care for the disabled daughter? You seem to be over late in starting to worry about who is named as successor trustee, this should have been addressed back when your father died.
Please consult a lawyer familiar with trusts and medicaid. Do you have a copy of the trust agreement? If there is no successor trustee named the court would have to be petitioned to name one. It doesn't sound as though you are willing/able to take on this task so that would likely be whoever is in charge of the daughter, is she a ward of the state?

vegaslady Oct 2016
I don't understand what you mean that he was assigned on the trust. What has been going on for 7 years since dad passed with this account? Wouldn't a truly dormant account have been turned into the state to the unclaimed property department?

Alexander828 Oct 2016
To whom would I go to settle this account?

ADVERTISEMENT

Ask a Question

Subscribe to
Our Newsletter