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Asker
Posted over 1 year ago.

No. It is not.

Jeffrey Bruce Gold
Jeffrey Bruce Gold, Lawsuit / Dispute Attorney - Bellmore, NY
Posted over 1 year ago.

When did it terminate.

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Asker
Posted over 1 year ago.

I believe it was 2006.

Jeffrey Bruce Gold
Jeffrey Bruce Gold, Lawsuit / Dispute Attorney - Bellmore, NY
Posted over 1 year ago.

It makes a huge difference whether it was 2006 or 2007. Was the trust formed in NY or California.

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Asker
Posted over 1 year ago.

It was actually formed in Florida in 1997. My uncle said he managed it for nine years. He won't give me any other information right now .

Jeffrey Bruce Gold
Jeffrey Bruce Gold, Lawsuit / Dispute Attorney - Bellmore, NY
Posted over 1 year ago.

It may not make much of a difference. The prevailing rule is that once you received the final accounting you had to take action within a relatively short period of time, and it appears that period has passed. You may want to post in California.

Jeffrey Bruce Gold
Jeffrey Bruce Gold, Lawsuit / Dispute Attorney - Bellmore, NY
Posted over 1 year ago.

and in Florida. Did you receive a final accounting?

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Asker
Posted over 1 year ago.

What do you mean by receive a final accounting? I was never given any information about how the money was used. I was given a final "distribution" of money. Is that what you mean?

Jeffrey Bruce Gold
Jeffrey Bruce Gold, Lawsuit / Dispute Attorney - Bellmore, NY
Posted over 1 year ago.

Once a trust is terminated, a final accounting needs to be filed with the Court. It is generally given to the the beneficiary. It is possible that one is on file and you are not aware of it. It is also possible that such a final accounting was not done and therefore the Trust may be considered active. You're going to need to hire an attorney in California to force your uncle into providing information.

Nancy Robin Stone
Nancy Robin Stone, Estate Planning Attorney - New York, NY
Posted over 1 year ago.

I just saw these comments after I gave my own answer. It sounds like it would be worthwhile for you to compel an accounting in the state that has jurisdiction over the trust. Was the trust under your father's will and did your father live in Florida? If so, you can compel an accounting in Florida.