Legal Question in Wills and Trusts in Georgia

Hello, I have a few questions and concerns about a trust that has been setup for me. There is an attorney that is supposed to be handling the case but I have made many attempts to discuss the details to no avail. I've spoken with him one time last week and now he seems to be always to busy for me. I'm at my end as to what to do because I need the funds in the account. I've contacted the Ga bar association but they don't seem interested in helping either. I just need to know what bank the funds are located at/in so I can do what's necessary to access the funds. Please help if you can.

Thank you

Kelley email [email protected]

Kelly


Asked on 9/01/11, 7:34 pm

2 Answers from Attorneys

Glen Ashman Ashman Law Office also dba Glen Ashman Attorney

First of all. contact Law Guru ASAP to delete your question as you posted your name and email address and that makes your very public post non-anonymous.

Second, usually a trust is set up to PREVENT your access to funds. The lawyer who set it up presumably represents the person who created the trust, not you, and thus he canot talk to you, and it was improper for you to complain to the bar.

If you feel the trust is being managed contrary to its terms, spend money to hire a lawyer of your own. Otherwise, the whole idea of a trust is usually that you cannot go to the bank and get the money.

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Answered on 9/01/11, 7:39 pm

Kelly,

Read the trust. If you do not understand the trust, then pay an estates & trusts lawyer in the state where the trust was created to review it for you. If it is governed by Georgia law, I can review it for you for a reasonable fee.

I am afraid that Attorney Ashman is correct. Whomever set up the trust does NOT want you to be able to access the money except as authorized by the trust itself. Knowing the identity of the bank will get you nowhere.

I don't know who the attorney is. If it is the attorney for the trust, he or she doesn't work for you and is under no obligation to speak with you. However, there must be a trustee if there is a trust. Talk with the trustee.

If the trustee is not doing his/her job by administering the trust properly, then you can seek to remove the trustee. Read the trust to see what it says about removal. However, litigation is costly and unless you have concrete proof that the trust is not being administered correctly, then I would not pursue this option.

Usually a trust sets forth that an accounting has to be given to the beneficiaries of the trust at least once per year. I don't know how long the trust has been set up but was this done? A beneficiary is also entitled to a copy of the trust. I would at least ask the trustee for a copy of the trust so that an attorney can review it for you.

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Answered on 9/02/11, 4:16 pm


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