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The two daughters split the trust When there dad passes. Right now he {dad} is still living in his home. Only one of the daughters is full time care taker for him. The trust is paying her for this. The dads younger brother [IE there uncle] is the one running the trust.

 

1 The care taker daughter was given a credit card by her uncle for living expenses for the house hold. This is coming out of the uncles bank acc.  Not there dads bank acc.

   Is this legal ?   There  par unassuming !  that he is being paid back for this by the trust.

 

2 There are 3 bank acc. in there dads name. shouldn't the living expenses be coming out of this ? 

 

 3 The bank statements use to come to the house. But now they go to there uncle. So they don't   know whats coming and going in any of there dads acc.

  is this legal ? 

 

4 The care taker daughter is paid from the trust. Nether of the daughters or there dad see any of the bills or any of the activity of the trust. Only the uncle see that part of the trust. 

Shouldn't there dad and both daughters see or get some kind of statement of whats going out of the trust? So theirs no hanky panky   going on with the trust? 

Is this legal ?

 

 

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1 That's what i thought you would have to read it and that's what I told my girl.

 

 2 I have nothing to do with this. My girl is the one doing the care taking .  She is the one asking the questions.

 

3 No he is not fully competent and his brother has power of  attorney and has medical power.

 

4 Thank You all of you for taking time out  of your day to read my ramblings and  answering  them.

 

 As all ways have a great day a above ground. & Marry X Mass & to all a good night. 

 

 

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Have the daughters seen the trust?

 

Does anyone know what type of trust it is (a special needs trust?  a living trust?)

 

There is nothing illegal about the household expenses being paid by the uncle's bank account, if that is what he chooses to do.  He may be trying to save the trust money by paying it himself so that the trust will have more money in it.

 

The daughter will want to be sure she has some type of signed agreement with the trustee to be paid for her services.

 

If the trustee is in charge of handling the dad's finances, it is perfectly okay for the bank statements to go to him.

 

In California, the law is that beneficiaries have the right to ask the trustee (by sending him a certified letter) for a copy of the trust, and they also have the right to ask for an accounting for each year the trust has been in existence.  Right now they should ask for just a copy of the trust to see what it looks like.  If you asked for an accounting now it would appear that you all are being suspicious of his handling of the finances, and you don't want to create that impression.  Get the copy of the trust first and ask for the accounting later.

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On 12/16/2016 at 8:58 PM, dogcatone said:

The two daughters split the trust When there dad passes. Right now he {dad} is still living in his home. Only one of the daughters is full time care taker for him. The trust is paying her for this. The dads younger brother [IE there uncle] is the one running the trust.

 

I'm going to restate this to make sure I understand.  At some point in the past, Raymond (the father) created a trust and transferred ownership of his home (and other property) to the trust.  Raymond's brother, Charlie, is trustee of the trust.  The trust provides that, when Raymond dies, Raymond's two daughters, Betty and Wilma, will "split the trust" (which I assume means either that trust assets will be transferred to them or that the trust assets will be liquidated, with the net proceeds being divided).  Betty is serving as "full time care taker" for Raymond, and is being compensated for her services by the trust.

 

Is all that correct?

 

 

On 12/16/2016 at 8:58 PM, dogcatone said:

The care taker daughter was given a credit card by her uncle for living expenses for the house hold. This is coming out of the uncles bank acc.  Not there dads bank acc.

   Is this legal ?

 

Of course it's legal.  Why would you think it might not be legal?

 

 

On 12/16/2016 at 8:58 PM, dogcatone said:

There  par unassuming !

 

Huh?

 

 

On 12/16/2016 at 8:58 PM, dogcatone said:

that he is being paid back for this by the trust.

 

Again, huh?  I think what you might be saying is that Charlie is reimbursing himself from the trust for charges made by Betty on Charlie's credit card for Raymond's care.  Is that what you were trying to say?

 

 

On 12/16/2016 at 8:58 PM, dogcatone said:

There are 3 bank acc. in there dads name. shouldn't the living expenses be coming out of this ?

 

His living expenses could be paid any number of ways.

 

 

On 12/16/2016 at 8:58 PM, dogcatone said:

The bank statements use to come to the house. But now they go to there uncle. So they don't   know whats coming and going in any of there dads acc.

  is this legal ?

 

It's not clear who "they" are, but if these are trust accounts and the brother is the trustee, then the statements should go to him.

 

 

On 12/16/2016 at 8:58 PM, dogcatone said:

Shouldn't there dad and both daughters see or get some kind of statement of whats going out of the trust? So theirs no hanky panky   going on with the trust?

 

No.

 

 

2 hours ago, knort4 said:

In California, the law is that beneficiaries have the right to ask the trustee (by sending him a certified letter) for a copy of the trust, and they also have the right to ask for an accounting for each year the trust has been in existence.  Right now they should ask for just a copy of the trust to see what it looks like.  If you asked for an accounting now it would appear that you all are being suspicious of his handling of the finances, and you don't want to create that impression.  Get the copy of the trust first and ask for the accounting later.

 

Anyone has the right to ask for anything.  The law is that beneficiaries have the right to receive a copy of the trust instrument (and there's no requirement that the request be made by certified mail).  However, it sounds to me like the father is the beneficiary and the two daughters will not be beneficiaries until the father dies.  If that's correct, then the daughters present have no rights to either a copy of the trust instrument or any accounting.  Seee.g., Cal. Probate Code § 16061.5(a)(1).

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