One of those good problems . . . estate/trust questions

July 31, 2015 11:35 AM

My SO receives a (small) monthly check from a trust in which she is named (distant relative). We want to know how to proceed with understanding details of the trust; what kind of estate lawyer we need and about how much that might cost us. Details below the fold.

My SO is completely estranged from the family/family members of the trust, which is also run by a very old Texan lawyer who only communicates via phone and snail mail and generally isn't very helpful or responsive to questions she has asked in the past. While the amount of money she receives now is relatively small, she has been led to believe that as the others named in the trust die off (5 or 6 people), she's entitled to a larger percentage of what is a not insignificant chunk of change.

Other questions we have are things like: "Is there a fixed date/remaining # of people named at which the trust is dissolved and the proceeds dispersed?" Another concern is that the trustee/executor (lawyer) of the estate is going to die and make all of this harder to manage, so I'm trying to be proactive before that happens.

We are in MA.

What kind of estate lawyer should I be looking for here in MA (most of what I'm finding is for planning one's own estate)? How much (roughly) should something like that cost? Can you recommend someone in Boston?

Thanks!

posted by eggman to Work & Money (8 answers total)

You are massively overcomplicating this. If your girlfriend is a named beneficiary, she is legally entitled to a copy of the trust. She can snail mail the lawyer and ask for one.
posted by DarlingBri at 11:42 AM on July 31, 2015 [9 favorites]

I am in MA. I dealt with a similar though not entirely the same issue. DarlingBri is correct. Once she gets the documents she may not be totally clear on what they say in which case you would talk to a wills/trusts lawyers and pay them for an hour or two of their time and that would be $300-500 probably? I've worked with this guy before. He's probably a bigger lawyer than the type you need but they have a number of associates who deal with wills/trusts who might be able to give you some time. Trusts are very very legalistic and so even if her family were to half-ass this, the trust would continue to have someone who was legally responsible for it even if the current person died. That information, trust successorship, is also in the trust documents.

Questions I'd want to know the answers to

- What's the breakdown of how the money gets distributed for now
- Is there a thing that will trigger dissolution of the trust? What happens then?

If it were me I think I'd just stick with getting the documents for now and then deal with finding a lawyer if something happens to the current trustee. For now it's likely more hassle than it will return you in useful information.
posted by jessamyn at 12:03 PM on July 31, 2015 [1 favorite]

What kind of estate lawyer should I be looking for here in MA (most of what I'm finding is for planning one's own estate)?

Lawyers who prepare wills and trusts and plan estates are pretty all the same kind.
posted by JimN2TAW at 12:12 PM on July 31, 2015 [1 favorite]

I am a Texas wills and trusts attorney, but not your Texas wills and trusts attorney. Jessamyn and DarlingBri are correct that your SO is entitled to a copy of the trust. She may also be entitled to substantially all of the books and records of the trust.

At the very least your SO should request a copy of the trust in writing by certified mail return receipt requested. If the terms of the trust are indecipherable to you (which is likely), your SO may want to engage a Texas wills and trusts attorney. A Texas attorney will not only be able to translate the legalese, he or she will also be better able to advise your SO regarding her legal rights under Texas law (which almost certainly apply).

$300-$500 is probably a low end estimate for an attorney to review the trust agreement and meet with you for an office or telephone consultation.
posted by SugarFreeGum at 12:24 PM on July 31, 2015 [1 favorite]

$300-$500 is probably a low end estimate for an attorney to review the trust agreement and meet with you for an office or telephone consultation.

Don't panic about this potential cost until you see the trust, though. Some of them are very understandable and easy to translate, honest.
posted by DarlingBri at 12:31 PM on July 31, 2015 [2 favorites]

Response by poster: Thanks everyone! I truly appreciate the guidance.
posted by eggman at 12:32 PM on July 31, 2015

I MeMailed you.
posted by Mr. Justice at 3:46 PM on July 31, 2015

IANAL, but I am a Trustee for a non-Texas trust. I've been using Hanks and Zolla, "The Trustee's Legal Companion," NOLO Press, to help me through the process. A quick look at Appendix A (which breaks rules out by state) shows that beneficiaries of a Texas Trust do not have a statutory right to see the Trust documents, but can demand a yearly accounting.

A letter to the lawyer wouldn't hurt.
posted by dws at 3:52 PM on July 31, 2015 [1 favorite]