Can i locate my trust fund if all i have is my name? I know its under my name etc and that it exists. Or the names of guardianships etc? what other information would i need to locate the trust fund?
I am the trustee, it has my name on it. Due to possibly being robbed by the individual who took over my trust fund making it a special needs trust, i cant reall talk to the perosn who set it up. I might have the name of one lawyer involved, but i think i was given a false name as ive searched for this lawyer and he doesnt exist. Ive been talking to the DA of the county the trust was set up in, as a special needs trust, and he hasnt helped much. Im not sure if i need more information to give other than my name birthday, ssn, names of the guardianships. Maybe a lawyer or two that were involved.. it was a small city and i have a rare name im just wondering what other information could be used to find the trust fund.. like pretend i walk into a DAs office, with my id and everything, could they find the trust fund or what else would they need? i am well over the age of 18.
Due to privacy laws, no bank or brokerage firm is going to provide you with any trust information unless you are the Trustee. Accordingly, your better bet is to talk with the person(s) who you believe established the trust about the terms of the underlying trust document and, most importantly, try to determine who is acting as the Trustee (or Trustees, as the case may be). Once you have that information, if you have reached the age of 18, the Trustee(s) should be willing to communicate with you about the trust and provide you with the trust agreement. Finally, if you have the resources, hiring an attorney to protect your interest in the trust is certainly warranted. Good luck to you.
This information is presented as a public service. It should not be construed to be formal legal advice nor considered to be the formation of a lawyer/client relationship. I am licensed in Connecticut and New York and my answers are based upon the law in those jurisdictions. My answer to any specific question would likely be different if I were to review a client's file and have the opportunity to interview the client. Accordingly, I strongly urge you to retain an attorney in your jurisdiction with respect to any legal matter.
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Estate Planning Attorney
Attorney Panowski has nailed the answer.
You would do well to follow his advice.
The answer given does not imply that an attorney-client relationship has been established and your best course of action is to have legal representation in this matter.
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Mr Pankowski covered well the initial considerations. Dont waste time with the prosecutor's office that will not get you very far. Nor the banks which are restricted by privacy laws. either get the info from the trustee or hire a lawyer to tackle the problem for you. Understand that a SNT is discretionary distribution to the beneficiary and one can't usually compel anything out of one.
No legal representation exists by virtue of this answer. Consult your attorney. Licensed to practice law in Indiana and Illinois. Circular 230 Disclosure: any U.S. tax advice contained in this communication is not intended or written to be used, and cannot be used, for the purpose of (i) avoiding penalties under the Internal Revenue Code, or (ii) promoting, marketing or recommending to another party any matters addressed herein.
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You mention a special needs trust. If that is the case, its irrevocable and would need a taxpayer identification number and would file tax returns. In addition, if this was set up through a court process in settlement or otherwise, the court file should have valuable information.
As the others have said, locate a good attorney in the county where you believe the trustee is or where there were other proceedings.
The general advice above does not constitute an attorney-client relationship: you haven't hired me or my firm or given me confidential information by posting on this public forum, and my answer on this public forum does not constitute attorney-client advice. IRS Circular 230 Disclosure: In order to comply with requirements imposed by the Internal Revenue Service, we inform you that any U.S. tax advice contained in this communication (including any attachments) is not intended to be used, and cannot be used, for the purpose of (i) avoiding penalties under the Internal Revenue Code or (ii) promoting, marketing, or recommending to another party any transaction or matter addressed herein. While I am licensed to practice in New York and California, I do not actively practice in New York. Regardless, nothing said should be deemed an opinion of law of any state. All readers need to do their own research or pay an attorney for a legal opinion if one is necessary or desired.
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