QUESTION

Grantor of revocabltrust deceased, the 3 beneficiaries are minors, there are 2 successor co trustees. How do I open 3 trusts in FBO the beneficiaries.

Asked on Dec 29th, 2020 on Trusts and Estates - New York
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Grantor of revocable trust is deceased, the 3 beneficiaries are minors. I was the trustee with the grantor. The trust also names 2 successor co trustees. I or the successor co trustees would like to open a new FBO trust (with the same terms of distribution dates) account for each minor. Being that the trust account is now irrevocable, how do I name the new trust accounts. How do I incorporate the original living trust name of the granter, co trustees as trustees, FBO (the beneficiaries), the date of the new trust? I have to apply for 3 federal EIN's for the new trust.
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1 ANSWER

Estate Administration Attorney serving New York, NY at Damien Bosco, P.C.
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Generally, trusts have an Article that addresses the issue of what a trustee would do if distributing to Minors (or Incompetents): ARTICLE EIGHTH - Minors or Incompetents. For example, it may say, in part, something like this: Trustee, in the sole discretion of the Trustee and without authorization of any court, may pay or distribute the whole or any part of such income or principal to such minor or incompetent personally or may apply the whole or any part thereof directly to the health, education, maintenance or support of such minor or incompetent, or may pay or distribute the whole or any part thereof to the guardian, committee, conservator or other legal representatives. The Article can also say, in part, something like this: The Trustee, in the sole discretion of the Trustee, may defer payment or distribution of any or all income or principal to which a minor may be entitled until such minor shall attain the age of twenty-one (21) years, or to make such payment or distribution at any time and from time to time, during the minority of such minor, holding the whole or the undistributed portion thereof as a separate fund vested in such minor...With such an Article, the trustee can open a bank account for the minor or minors as a trust fund under the terms of the existing trust. Generally, the accounts would have the name of the (successor) trustee of the original trust FBO of the minor. So, the account could be named something like Jane Doe as trustee of the Jack Doe trust for the benefit of Jimmy Doe. For your situation, you may want an attorney to review the trust's terms for you to determine the best way to proceed.
Answered on Dec 30th, 2020 at 6:31 AM

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