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What kind of lawyer do I need? My aunt isn't giving me my trust fund?

Reno, NV |
Filed under: Trusts

She hasent been giving it to me for years

Attorney Answers 3

Posted

Hello,

I am assuming that you have tried talking to her? As the beneficiary you are entitled to a copy of the trust that may explain why she is not distributing the assets to you.. You may want to get a copy & review it before getting an attorney.
You may want to engage an attorney familiar with trusts and estate planning.

AVVO and the Nevada Bar Association can provide you with attorney referrals.

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Posted

Before meeting with an attorney, send her a certified letter requesting a true and complete copy of the trust, unless you already have one. Keep a copy of the letter and the certified number, so you can track delivery. Give her twenty days to forward the same to you. If you already have the Trust, retain an attorney to review and advise you on your right to receive assets at this time. it is possible she has discretion to make distribution, alternatively, she may be required to make regular distributions. Impossible to say without first reviewing the Trust. Best of luck to you.

This response is not intended to create an attorney client relationship. The response is solely intended to answer the question presented. Additional facts and issues are unknown to the responding attorney. Should you still have questions, legal assistance should be sought by making an appointment to meet with an attorney, rather than attempting to resolve the issue via e mail. This response is merely provided to give direction to assist you in the decision of whether you should contact an attorney or not. If this answer is helpful, or is the best answer please mark it accordingly. Good luck.

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2 comments

Asker

Posted

So I just write letter to her? What do I need to do to the letter to make it official?

Dara J. Goldsmith

Dara J. Goldsmith

Posted

Assuming you do not have a copy of the Trust send a written letter advising that you believe that you are a beneficiary and as such are entitled to receive a copy of the Trust. Request that she send you a copy within 20 days. Send the letter certified mail. Keep copies of what you send. If you already have the trust, then the next step is to have an attorney review it and advise you on next steps.

Posted

Dara Goldsmith's answer to you is very helpful regarding how go go about getting a copy of the trust.

I can't tell from what you wrote whether you have a copy of the trust or whether your aunt is just not distributing trust funds to you. If you have the trust document, take it to a trust lawyer to review and advise you. Most trust lawyers to a free consultation in a first meeting.

If you don't have the trust document, as Dara G. suggested, demand it in writing w a certified letter. Nevada law entitles you to a copy of the trust IF you are one of the named beneficiaries (people who are to receive trust property). If you use a lawyer to write that letter, your aunt will probably pay much more attention to the legal consequences of not giving you a copy of the trust.

Good luck,
Greg J.
Reno

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Asker

Posted

K so first step certified letter! Do I need to go to a court house to obtain the certification, or an attorney? I do not have a copy of the trust and need to get one.

Gregory L. Jensen

Gregory L. Jensen

Posted

First step is getting the PROPER kind of letter written, then having it send via certified mail. A "certified" letter can be obtained at the post office--costs a few dollars. The letter's contents are the key: Identify your right as beneficiary to the trust document and demanding it be provided under a specific Nevada law. Suggest you have a trust lawyer draft and send that letter to have the effect you desire--to get you aunt to release a copy of the trust to you. Good Luck, Greg J. Reno

Asker

Posted

Ok and how much would something like that cost?

Gregory L. Jensen

Gregory L. Jensen

Posted

Legal fees usually depend upon how much time is required. So for a consultation, review of any documents and information you have and to draft a demand letter seeking a copy of the trust, it will probably range between $1,000 to $1,5000. That's my "guess" given what little I know of your situation. Hope this is helpful. Greg

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