Don't trust this attorney...They will take a huge amount of money from my fathers trust!! when he dies, can I hire another attorney to carry out trust that another attorney wrote up???
Hi realtime...Yes, I have the trust and the will...And since my mother died last week and im drained...Don't think I could read it now...But as soon as im up to it I will!! Thank you!
Also, when the attorney drafted the trust documents, your uncle or father would have told him who they wanted to be trustee --- that's not something the attorney decides on his own. So the fact that you believe your uncle's trustee was not competent doesn't mean that the attorney was wrong or dishonest to name her as trustee.
Lifeexperiences, If you have a copy of the trust document, just read it carefully. It will define the different functions performed under the trust (grantor/grantee, settlor, trustee, co-trustee, successor trustee, whatever, etc.) and say who has been appointed to perform each of those functions. It will also say what they are instructed or allowed to do. Usually the first time the position is mentioned it will name the person holding the position and thereafter it will just use the term (e.g., "I appoint John Doe as co-trustee of my trust (herinafter, "Co-Trustee") so read the document carefully from the very beginning. Most of your questions should be answered this way. Legal language may appear daunting at first, but in the end, it's just words; familiarize yourself with the words and things become much clearer.
lifeexperiences, you can get your own attorney to protect your rights. It won't be free, you have to pay the attorney. You have a POA for your father? POA ends at death, then the Executor of the Will takes over. The Executor handles the Will and probate. The Trustee handles the Trust. If you are neither a Trustee or the Executor, you have no power to handle either one.
oh...because the attorney was my uncle's attorney and i did NOT trust the trustee he had appointed, my cousin. i know she was stealing money from his checking account because she used it as her personal account! I found another $23 thousand after his death, which my cousin knew of but did not report...and today i was told he owed $23 thou in taxes for that...and attorneys fees! He already paid taxes and attorneys fees on the almost $400 thou my cousin turned in after his death. I think the attorney is charging a lot for what i don't know...and giving my cousin the rest!!! i found the $23 thou under unclaimed property! it takes a few minutes to write a letter to claim that money! it's all BS! im mad!
not sure if i understand the questions above? i am 50% inheritor of the trust...i also have poa? i have a trust...is there something on that that will give me the info I need to know how to answer above questions? thank you
Is your father currently the settlor/trustee until his death, and are you successor trustee? Is this particular attorney co-trustee, or successor trustee? If not, who is, i.e., who will be handling the trust after your father's death?
If you're not a co-trustee or successor trustee and don't have specific authority to manage the trust, you have no rights to change attorneys. That's up to whoever will be handling the trust after your father's death.
BTW, why don't you trust the attorney? Was he/she your father's choice?
If you're not a co-trustee or successor trustee and don't have specific authority to manage the trust, you have no rights to change attorneys. That's up to whoever will be handling the trust after your father's death.
BTW, why don't you trust the attorney? Was he/she your father's choice?