QUESTION

What are the procedures I need to complete as a trustee of a 7 figures inheritance settling?

Asked on Dec 18th, 2013 on Estate Planning - North Carolina
More details to this question:
I was wondering if you could answer one or two basic questions for me. I have been chosen to be, and have agreed, to be the trustee of a 7 figures plus inheritance settling for a younger person just over the age of majority. This money will settle a Great Britain estate. To satisfy U.S. and P.A .law, what are the first three or four basic steps I should take to do this? Is there a particular type of financial institution that I should place the funds in? Any advice would be appreciated.
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2 ANSWERS

Criminal Law Attorney serving Munhall, PA
Partner at Pelger Law
3 Awards
Make an appointment with an estate lawyer to review the documents. Don't talk about the case with anyone and stop asking questions about it on the internet.
Answered on Dec 23rd, 2013 at 4:33 AM

William R. Pelger, Attorney Munhall, Pennsylvania 412-461-1900

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Why do you keep mentioning 7 - figures as if this is relevant? If you are the trustee you are the trustee whether you have a trust of 2 cents or 2 million. However, if you have a trust over a million then you can afford to hire an estate/probate/trust lawyer to assist you with the necessary paperwork (accountings) and to have the money managed properly for the trust beneficiaries as well as other professionals (CPAs, money managers, etc.). The trust document should indicate what law governs the administration of the trust. It will not matter where the beneficiary or you live - what matters is the law governing the trust. If the beneficiary lives out of the country and the trust is in the US there may taxes that the beneficiary will pay from any disbursements in his/her country. Trusts are taxed by the state where the trust is located and the federal government. You would need to consult a tax professional about taxes if the lawyer is not a CPA or tax attorney. Many lawyers who handle large estates/trusts are qualified to give tax advice (I am not) or else they practice in a large firm that has such professionals on staff. Others are not and would require you to get a CPA. Avoid places like H&R Block or Jackson Hewitt. You have a complicated situation and you should go to a competent CPA familiar with all estate/trust taxes. Any fees for this advice or legal advice will be paid by the trust as a trust expense. If the trust is in trust is in Great Britain then you will need a solicitor who is familiar with and licensed to practice law in that country (England, Wales or Scotland). As a trustee you are bound (in the US at least) by what is called the "prudent man" or "prudent investor" rule. You are obligated to invest the money in the types of reasonably safe securities/banks/investment vehicles/assets that a reasonably prudent person would. Great Britain may have a similar requirement, but you would confirm that with the solicitor. That does not mean you stick the money in a money market account where you are earning zilch. However, it may entail you going to a company that is reputable and having the company manage the money for you. The company would allocate the money in to stocks and bonds which have a higher rate of return. Again, this would be a trust expense and if you have a 7-figure trust to administer then the trust can well afford to incur this expense to have the property managed correctly.
Answered on Dec 23rd, 2013 at 4:33 AM

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