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Andrew A. Strauss
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Andrew Strauss’s Answers

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  • Copy of Trust

    What is the allowed time frame for beneficiaries to recieve copy of trust from executer???After the maker passes away

    Andrew’s Answer

    Trusts can be formed under a will (testamentary trust) or by a separate trust instrument. If formed under the will, then the trust would be public record and all you need to do is request a copy from the Clerk of Court in the county where the will is being administered. Alternatively, you can request a copy from the executor if the probate is still open. Check with the Clerk of Court. However, if the trust is formed under a different document (for example, as part of a revocable living trust) you should be able to get a copy from the trustee if you are a "qualified beneficiary." The definition of "qualified beneficiary" is contained in the North Carolina Uniform Trust Code (N.C. Gen Stat. 36C). I am attaching a link. There is a Section: 36C-8-813 which sets out the duty of the trustee to inform and report to any "qualified beneficiary" who is a distributee or permissible distributee of trust income or principal. How do you find out who the trustee is? If a will has been filed then you should get a copy. The will may refer to the trust and name who the trustee is. How do you know whether or not you are a "qualified beneficiary?" You need to read definition in the Section 36C-1-103(15): "Qualified beneficiary. - A living beneficiary to whom, on the date the beneficiary's qualification is determined, any of the following apply:
    a. Is a distributee or permissible distributee of trust income or principal.
    b. Would be a distributee or permissible distributee of trust income or principal if the interests of the distributees described in sub-subdivision a. of this subdivision terminated on that date without causing the trust to terminate.
    c. Would be a distributee or permissible distributee of trust income or principal if the trust terminated on that date." If all else fails, you may have to hire an attorney to advance your case with the trustee and, if appropriate, to court or the Clerk of the Superior Court. Hope this helps.

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  • My uncle passed away without a Will or any heirs. The closet relatives are we nieces and nephews.

    My uncles has banking acct. inJacksonville, FL. with a $65,000 balance. We are attempting to gain access. One of the nephews died a few yrs. prior to the knowledge of the banking acct. Does the deceased nephew's kids have a right to a...

    Andrew’s Answer

    • Selected as best answer

    The answer depends on what type of bank account your uncle had. If it had a pay on death designation, then that may govern who gets the account. If the account was solely in your uncle's name and did not have any provision as to what happens at death then you need look at the law of the state where he died domiciled (Florida or North Carolina)? The answer as to the deceased nephew's kids will depend on what state law governs the disposition of assets where this is no Will. The legal term for that is intestacy. There are statutes (laws) in Florida and North Carolina to addess the situation where the decedent dies without a Will. You need to gather some more facts. The Bank may only release the information (I,e what type of account) to a court appointed administrator of your Uncle's intestate estate. Start with where your Uncle was domiciled (living permanently) at the time of death and then go to the local court for more guidance or call an attorney. The Court in North Carolina that handles intestacy (no Will administration) is the Clerk of the Superior Court in the county of domicile.

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