Archived
I can't find anything in the trust document to require the trustee to make an accounting at the request of a beneficiary.
Jerry's answer
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Answered on October 29, 2014
The right to an accounting by a beneficiary is an inherent right to ensure the trustee is acting appropriately and fulfilling his or her fiduciary...
Archived
The purpose of our irrevocable trust as I understood it when I signed as grantor almost 18 years ago was to make it possible
Jerry's answer
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Answered on October 29, 2014
An attorney would need to review the trust and the appropriate law before agreeing to such an undertaking. These types of cases can be challenging...
Archived
Can a trustee that has resigned claim an ineffective resignation because the terms of the trust couldn't be followed?
Jerry's answer
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Answered on October 29, 2014
This is fact dependent. The burden is on the trustee to show why his resignation should be set aside and why he should be allowed to resume...
Archived
My aunt wants me to resign as trustee for a revocable trust after my uncles death?
Jerry's answer
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Answered on October 29, 2014
The only two ways for you to be removed as a successor trustee are (1) if you sign a resignation or declination to serve as trustee or (2) if the...
Archived
If I buy the marital home with cash from a pre-marital trust, would the home be considered separate property in a divorce?
Jerry's answer
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Answered on October 29, 2014
The only safe way to protect yourself is to enter into a prenuptial agreement before you marry. Both you and your fiancee would need to seek the...
Archived
How should I approach the communication gap and lack of trust with my 50/50 LLC partner?
Jerry's answer
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Answered on October 29, 2014
You have painted yourself into a box by allowing for split control with no absolute oversight by the other partner. It may not be too late to fix...
Archived
I'm the trustee of my mom's trust. She died in May. Her trust has nothing complicated. There was around 2,000.00 in
Jerry's answer
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Answered on October 29, 2014
I'm somewhat confused. If you are the trustee, how did your brothers as successor trustees have authority to take these actions, or were they...
Archived
Is ignoring a request to make an accounting of an irrevocable trust a breach of fiduciary duty?
Jerry's answer
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Answered on October 29, 2014
The general rule is that a trust beneficiary is entitled to an annual accounting, so it should not be difficult to obtain one, even if you have to...
Archived
Trust agreement has unclear wording about succession of co-trustee. In New Jersey, what court handles interpretation of trust
Jerry's answer
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Answered on October 29, 2014
The probate court is the appropriate venue, but you need to confer with an attorney to see if such an action is necessary. What sometimes seems...
Archived
Is the the initial funding of an irrevocable trust in Attachment A of the trust agreement any less likely than subsequent
Jerry's answer
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Answered on October 29, 2014
When the asset is funded into the irrevocable trust is irrelevant. Does the trust grant Crummey withdrawal rights or not? If it does, then the...
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