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What is the statute of limitations for the assets of an irrevocable trust to be delivered to the beneficiary?

Hutchinson, MN |

I became the sole beneficiary in 1999 at 13 years old, my father trustee. He coerced me into signing a document after he forced me up against a wall with an erection. The document granted him a loan for most of the money as an "investment" in a fifth wheel. I turned 25 in January of this year and have heard nothing from him. My name has changed though my social has remained the same. I cannot afford an attorney and the ones I have talked to will not take it on contingency. I must return to college before January 12th of 2012 and am concerned about how to answer the questions on my FAFSA, as well as for tax purposes. I am wondering if I must contact him directly myself and request a copy of the documents as I have never received any, and only a couple of accountings for that matter.

He was also removed from my grandmother's trust, as trustee after taking everything but her house a few years back.

Attorney Answers 2


  1. Best answer

    So Dad likely absconded with your money, right. That is the working assumption here? Did you eve ask Dad where you money is? Do you know if there is any left? The terms of the Trust will set out when you are supposed to get the money. You can file a Petition to Compel his action if the Trust has 25 years old or less. You should at least go to an attorney for a consultation; most offer a free initial consultation.

    This is intended to be general guidance and not necessarily state specific advice. There are some concepts that are the same or similar in most jurisdictions but not all. Use the AVVO.com web site to find an attorney in your area for state specific advice. In addition to that, contact your local bar association for referral to an attorney who specializes in this or talk to friends and neighbors to ask about an attorney they have used and liked. Often, but not always, the attorney will do an initial consultation free of charge. You will then be in a better position to determine what to do next. Best of luck to you!

    If you liked this answer, click on the thumbs up or vote it best answer! Thanks. Eliz. C. A. Johnson Post Office Box 8 Danville, California 94526-0008 Legal disclaimer: I do not practice law in any state but California. As such, any responses to posted inquiries, such as the one above, are limited to a general understanding of law in California and not to any other jurisdiction. In addition, no response to any posted inquiry should be deemed to constitute legal advice, nor to constitute the existence of an attorney/client or other contractual or fiduciary relationship, inasmuch as legal advice can only be provided in circumstances in which the attorney is able to ask questions of the person seeking legal advice and to thus gather appropriate information.


  2. I am really sorry to hear about your situation. It would seem that you could have him and should have had him removed for cause from serving as trustee. It may also be the case that he has looted your trust and stolen all assets based on his prior conduct. If you have not gotten any recent accountings there is probably nothing there. If you could retain an estates litigation attorney you could hve him removed for cause and force an accounting and finally have him surcharged for the losses of the trust. For insights into the grounds for removal please see my article entitled Probate: Removal of Personal Representative Under PA Estates and Fiduciary Code at the following link: http://www.sjfpc.com/Probate_Removal_Executor_Trustee_PA_Probate_law.html. Although it relates to PA law these grounds may be quite similar in your state.
    You may want to take the position on the FAFSA that there is no trust assets for you if you are not going to sue this man.
    Finally, without an attorney, it is not wise from personal perspective to have dealings with the man. Perhaps your sanity is worth any monies you may get from this trust.
    Hope this helps. Mr. Fromm is licensed to practice law throughout the state of PA with offices in Philadelphia and Montgomery counties. He is authorized to handle IRS matters throughout the United States. His phone number is 215-735-2336 or his email address is sjfpc@comcast.net . For further tax advice visit his website at www.sjfpc.com . and blog at >

    LEGAL DISCLAIMER Mr. Fromm is licensed to practice law throughout the state of PA with offices in Philadelphia and Montgomery Counties. He is authorized to handle IRS matters throughout the United States. 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 <http://frommtaxes.wordpress.com/> 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.

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