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?
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.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.