How long can a irrevocable trust remain open?

Asked about 4 years ago - Valparaiso, IN

My mother passed on 5/24/2010. She appointed a trustee at Centier Bank. The trustee has haulted despersing any money to my brother or I, because of Obama trying to passing a federal inhertiancy tax in 2011 w/ a retroactive back taxes for 2010? I am wondering what is the length of time a will can be opened? The will is in an irrevocable trust, which is cause much stress between me and the trustees.
Thank you, Colleen White

Attorney answers (2)

  1. Jonathan Beau Dial

    Contributor Level 9

    Answered . In addition to the answer above, I would recommend that you continue to talk with the trustee and keep an open line of communication. Remember the trustee has a fiduciary duty to fully comply with the terms of your mother's trust. If there is some action that he takes that you don't fully understand, ask the trustee to clarify. If you still don't understand, then ask a lawyer to help.

    Estate and trust administrations are very technical concepts with some various rules applying in different situations. No one estate is the same. Some last only three months, other last last years. Read the trust, familiarize yourself with its terms. Does it distribute to you and your brother outright, or does is defer payments to later years. The more information you have, the better protected to are if the trustee doesn't properly perform his duties.

    LEGAL DISCLAIMER
    Mr. Dial is licensed to practice law in IN with offices in Vanderburgh County. His phone number is 812-425-3592 or his email address is jbd@fine-hatfield.com.
    Mr. Dial is ethically required to state that the response herein is not legal advice and does not create an attorney/ client relationship. Also, there are no recognized legal specialties under Indiana law. Any references to a trust, estate, guardianship, business or adoption lawyer refer only to the fact that Mr. Dial limits his practice to these areas of the law. These responses are only in the form of legal education and are intended to only provide general information about the matter within the question. Oftentimes the question does not include significant and important facts and timelines that if known could significantly change the reply or make such reply unsuitable. Mr. Dial strongly advises the questioner to confer with an attorney in their state in order to ensure proper advice is received.
    By using this site you understand and agree that there is no attorney client relationship or confidentiality between you and the attorney responding. This site should not be used as a substitute for competent legal advice from a licensed attorney that practices in the subject area in your jurisdiction, who is familiar with your specific facts and all of the circumstances and with whom you have an attorney client relationship. The law changes frequently and varies from jurisdiction to jurisdiction. The information and materials provided are general in nature, and may not apply to a specific factual or legal circumstance described in the question or omitted from the question.
    Circular 230 Disclaimer - Any information in this comment may not be used to eliminate or reduce penalties by the IRS or any other governmental agency.

  2. Steven J. Fromm

    Contributor Level 20

    Answered . First be aware that the will becomes irrevocable at mom's death as well as the trust. No one can alter these documents, except a judge in rather limited circumstances. Second, the trustee may be waiting to see if the federal estate tax is going to be retroactively imposed and this is being prudent. Third, the trust will last as long as the terms dictate. If you are having problems here and you are not sure where you stand in all this, you need to retain an estates attorney to protect your interests and look at the documents to see what your rights are as a beneficiary.

    Hope this helps. If you think this post was helpful, please check the thumbs up (helpful) tab below and/or designate my answer as best answer. Thanks.
    LEGAL DISCLAIMER
    Mr. Fromm is licensed to practice law in PA with offices in Philadelphia and Montgomery Counties. His phone number is 215-735-2336 or his email address is sjfpc@comcast.net , his website is www.sjfpc.com. and his blog is
    Mr. Fromm is ethically required to state that the response herein is not legal advice and does not create an attorney/ client relationship. Also, there are no recognized legal specialties under Pennsylvania law. Any references to a trust, estate or tax lawyer refer only to the fact that Mr. Fromm limits his practice to these areas of the law. These responses are only in the form of legal education and are intended to only provide general information about the matter within the question. Oftentimes the question does not include significant and important facts and timelines that if known could significantly change the reply or make such reply unsuitable. Mr. Fromm strongly advises the questioner to confer with an attorney in their state in order to ensure proper advice is received.
    By using this site you understand and agree that there is no attorney client relationship or confidentiality between you and the attorney responding. This site should not be used as a substitute for competent legal advice from a licensed attorney that practices in the subject area in your jurisdiction, who is familiar with your specific facts and all of the circumstances and with whom you have an attorney client relationship. The law changes frequently and varies from jurisdiction to jurisdiction. The information and materials provided are general in nature, and may not apply to a specific factual or legal circumstance described in the question or omitted from the question.
    Circular 230 Disclaimer - Any information in this comment may not be used to eliminate or reduce penalties by the IRS or any other governmental agency.
    sjfpc@comcast.net ,
    website is www.sjfpc.com.
    blog is

Can't find what you're looking for? Ask a Lawyer

Get free answers from experienced attorneys.

 

Ask now

24,033 answers this week

2,884 attorneys answering

Ask a Lawyer

Get answers from top-rated lawyers.

  • It's FREE
  • It's easy
  • It's anonymous

24,033 answers this week

2,884 attorneys answering