Legal Question in Wills and Trusts in California
My uncle oversees my daughter's trust, left to her by my father. He oversees it until she turns 21 (she is now 18, he died when she was 10). He is in VA, we are in CA.
We have a TENSE relationship at best, which I won't elaborate on, but since my daughter turned 18, he sent her a handwritten note saying he doesn't want to "deal with your mother" anymore and only directly with her. She is uncomfortable with this and even though he doesn't trust me or her father, SHE does. The only thing I ever talk to him about is sending copies of her latest financial documents to show how the trust is doing and tax forms so I can do her taxes each year. He got angry because I wanted to deal by email, and he doesn't like "computers."
If my daughter wants me to handle requests for disbursement of funds (my father left instructions that funds could be disbursed early for college, etc.), would it be prudent to get something legally in writing with her authorizing me (or both her father and I) to speak to him on her behalf regarding the trust? Or would it be even better to hire an attorney to have deal with all correspondence between us?
OR does he have the right to request that he only deal with her one on one since she is now a legal adult?
3 Answers from Attorneys
She , not you, should hire a probate attorney in VA (of course, you could help her do that :)) and let him or her be the go between.
If you can afford the expense, I agree with Mr. Seidler with one exception. You don't actually state that the trust was formed in Virginia. If it was a irrevocable trust when made, you want an attorney admitted in the state your father created it in. If it was a testimentary trust from his estate, or an intervivos trust to which she is the successor beneficiary, then you want an attorney qualified in the state where your father passed away. Of course that may be Virginia in any case, but just wanted to make it clear how you pick the jurisdiction.
You might want an attorney to spend 1-2 hours reviewing the trust documents and financial information from the Uncle to be sure that everything is being done correctly [a person's anger often is displayed because they feel they may have done something wrong and resent being caught], but once you are satisfied with that you can just have your daughter write a detailed letter politely stating why she wants him to send you certain information and you to have access to him and information. If he refuses, it probably is not worth the money to do much more than pay an attorney for a short letter to him insisting upon what your daughter wants.
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