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Need a lawyer to help with a trust fund...
Anonymous10 views4 answers
When my grandfather died, my aunt attended a meeting with the trustees of his will and found that he left his estate on trust for my grandmother, remainder to my aunt. My aunt told the trustees to hold the trust fund for me. My aunt has subsuqently died and i'm wondering what I need to do from hereon in and whether or not I am entitled to the fund?
Well, if your grandmother predeceased your aunt and the trust does not provide for a distribution to someone after your aunt died then the trust estate is part of your aunt's estate. The question then is what your aunt's estate plan says, if she has any. If she doesn't have an estate plan, or if it's silent as to distribution, then you have an argument you're her beneficiary based on her oral statement/promise.
So there are lots of "ifs." Time to line up evidence, witnesses, and a good lawyer.
Your aunt has a vested remainder which means when your Grandmother dies the property is hers and not subject to divestment. What happens to the property depends on quite a few factors. Did you aunt have a will or a written trust? If not you have to prove an oral trust by clear and convincing evidence. Another factor is the size of the estate because it sounds like you need an attorney. You have to petition the court to establish an oral trust ASAP. The court will determine what you are entitled to.
