The Cosmic Avenger
Thinks s/he gets paid by the post
I'm the successor trustee on my cousin's revocable trust. He is a retired single dad, and he doesn't trust his son to manage his money after he's gone, with good reason. I don't mind helping out, but I want to understand what I'm getting into, and if I don't like the way the trust is structured, I'd like to let my cousin know now so he can either change the trust (if he agrees with my point of contention) or find another successor trustee.
So my first question is whether I should contact the law office that drafted the trust, or our local estate attorney who drafted mine? They're in different states, and I know there are differences in the law, but how important is that vs. an attorney you know and trust? I don't doubt my cousin's ability or intelligence, but we do like our local estate attorney.
Second, I have two main concerns about the trust that I want to ask the attorney about. On the off chance that anyone has experience with these specific areas, I'd love to hear about it.
The first issue is that the trust states that it is a basic support trust, which is good, but it says that the successor trustee will "seek support and maintenance" for the beneficiary from public assistance, and collect and then distribute those funds. That seems weird to me, especially since while the son may have some emotional and maturity issues, he's really quite smart and generally seems competent, although I know he has impulse issues. It sounds from the document like he's on disability, which is a surprise to me. Still, wouldn't he need to be declared incompetent or at least give me POA for me to act as an agent for him for that doesn't originate from the trust?
The second issue is that there are two weird clause that seems to contradict the limited basic support part. One is that ALL installment payments from retirement accounts have to be immediately distributed to income for the trust and distributed to the beneficiary, which could be a LOT more than just basic support. There's another clause that talks about the maintenance of the son includes "recreational equipment" including video games! If this is more about letting him be a trust fund baby, I'd rather let a lawyer handle it. And my cousin definitely has enough to support his son in affluence.
If you made it this far, congratulations...but you get no sympathy from me, as I've just plowed through the entire trust tonight.
So my first question is whether I should contact the law office that drafted the trust, or our local estate attorney who drafted mine? They're in different states, and I know there are differences in the law, but how important is that vs. an attorney you know and trust? I don't doubt my cousin's ability or intelligence, but we do like our local estate attorney.
Second, I have two main concerns about the trust that I want to ask the attorney about. On the off chance that anyone has experience with these specific areas, I'd love to hear about it.
The first issue is that the trust states that it is a basic support trust, which is good, but it says that the successor trustee will "seek support and maintenance" for the beneficiary from public assistance, and collect and then distribute those funds. That seems weird to me, especially since while the son may have some emotional and maturity issues, he's really quite smart and generally seems competent, although I know he has impulse issues. It sounds from the document like he's on disability, which is a surprise to me. Still, wouldn't he need to be declared incompetent or at least give me POA for me to act as an agent for him for that doesn't originate from the trust?
The second issue is that there are two weird clause that seems to contradict the limited basic support part. One is that ALL installment payments from retirement accounts have to be immediately distributed to income for the trust and distributed to the beneficiary, which could be a LOT more than just basic support. There's another clause that talks about the maintenance of the son includes "recreational equipment" including video games! If this is more about letting him be a trust fund baby, I'd rather let a lawyer handle it. And my cousin definitely has enough to support his son in affluence.
If you made it this far, congratulations...but you get no sympathy from me, as I've just plowed through the entire trust tonight.