North Hollywood, CA asked in Estate Planning for Colorado

Q: My uncle was a conservator for my father who was disabled via a TBI. My uncle created a irrevocable trust for me.

I am the sole child. My uncle stands to be beneficiary if I die. He somehow did a court order that created the trust(?) it is outside the norm for the situation. Do I have any recourse to remedy the situation?

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1 Lawyer Answer
Ashley Dean Powell
Ashley Dean Powell
Answered
  • Estate Planning Lawyer
  • Licensed in Colorado

A: If you wanted to challenge something about your uncle's representation of your father's interest as his conservator or something about the trust specifically, you probably want to consult a Colorado attorney (ideally one in the same county where your father and uncle live or where the trust is registered or close to the court that made the order you referenced, for ease) with more details and documents to review.

Speaking very generally, being the sole named beneficiary of the irrevocable trust could be a good thing for you. It may mean that you are entitled to support for various items (maybe your health, education, support, and maintenance) while at the same time that pot of money is protected from your creditors (people to whom you owe money). Is your uncle also the trustee? Have you talked to him about the details of how and when you have access to the income or principal of the trust and what standards the trustee uses to determine how much and when to give you that money? Does the trust hold real estate (houses) in which you have the right to live or otherwise use? Have you asked to see a copy of the trust instrument or at least any provisions directly relating to your rights, if any, under the trust?

Perhaps you have already asked all of those questions and don't like the answers. But, if you haven't, I would not jump to the conclusion that you want to challenge the trust before you fully understand how, if at all, the trust is set up to benefit you.

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