QUESTION
If a Trustor told me I was in Trust and I later found out I was not, do I have any rights?
Asked on Sep 09th, 2012 on Estate Planning - California
More details to this question:
I was told by the deceased Trustor that I would get $40000 for being the Trustee. I got a copy of the Trust and found out that I am not in it. Since I Was "told" by the Trustor that I would get it, should I just send the beneficiaries a letter stating that I am requesting the $40000 be paid to me even though there is no documentation?
6 ANSWERS
If you acted as Trustee for the trust and the trust provides compensation then you can apply for compensation to the present trustee. If you did not, then you are not entitled to anything.
Answered on Sep 16th, 2012 at 2:42 PM
Civil Litigation Attorney serving Aptos, CA
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Richard E. Damon, P.C.
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No. It has to be in writing in the trust. Further, no trustee gets $40,000 just for being a trustee.
Answered on Sep 16th, 2012 at 2:35 PM
Shadi Ala'i AlaiShaffer
You don't have any rights unless you are specifically in the Trust. Trustor can change their Trust at any time which is what possibly happened. If you are next of kin, you could consult with an attorney to see IF you have any rights to make a claim.
Answered on Sep 16th, 2012 at 2:31 PM
Taxation Law Attorney serving Glendale, CA
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Irsfeld, Irsfeld & Younger LLP
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If you are names as successor trustee, then you presumably are entitled to "reasonable compensation" for your service. The oral promise is worth nothing unless it induced you to rely on it to your detriment. For example, if she said, "Move to Los Angeles and take care of me for the last years of my life, and I'll leave you $40K," and you did so, then you might have a legally enforceable claim.
Answered on Sep 16th, 2012 at 2:26 PM
Trusts Attorney serving Sacramento, CA
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Law Office of Victor Waid
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Does not appear you are entitled to anything, as you are not a beneficiary of the trust nor the trustee wherein you may have been entitled to charge the trust for services acting as trustee.
Answered on Sep 16th, 2012 at 2:02 PM
Neal Michael Rimer
If a Trustor creates a Trust and tells you that you were named as the Trustee and said that you were going to be paid $40,000, until the Trustor dies, the interest or rights to be a successor trustee are just an expectancy. The Trustor of a revocable trust can change the trust any time they want up until they become incompetent or die. Since you were not named in the Trust and are not the Trustee and are not named as a beneficiary, you have no rights to any funds. No, you should not send a letter and make any demands for something you are not entitled to get.
Answered on Sep 16th, 2012 at 1:50 PM