Q: After my sister died (in Tennessee), her company set up a trust for her two sons. Looking for a form petition.
After my sister died (in Tennessee), her company set up a trust for her two sons. My nephews are now both over the age of 21 and apparently the trustee (or executor -- not completely sure how it was worded in the trust) has Alzheimer's and my nephews have been instructed to write a petition to see if a ruling can be made regarding releasing the funds from the trust fund. I don't believe there's more than probably $5,000 in the trust fund, but they would like to access that money if possible. I can't seem to find a form online for something like that. Any help?
A: I suspect you won't find a form for this- its unusual and fact specific. Look for "termination of trust." A trust is a written document, so you ought to get a copy of it and read it carefully- it may contain specific terms which describe under what circumstances it can be terminated. A trust has a "trustee'' - it does not have an "executor" ( but her estate would have, if she had a will ( and a will can contain trust instructions) that was submitted for probate). If you intend to handle this without a lawyer, you will want to research all of this so you can use the proper terms. One sure way to piss off a Judge is to use legal terms incorrectly so you look like you don't know what you are talking about. Keep searching the internet, there are of free legal help forums. In some instances, the Bank or institution who is holding the funds may agree to release the funds ( since there is a relatively small amount at issue, so you might want to approach them for help also. If the trustee indeed has alzheimers, he needs to be replaced, or the trust terminated.
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