Denver, CO asked in Estate Planning for Tennessee

Q: I’m listed as beneficiary in family trust but it doesn’t say anything about me for distribution of funds. What do I do?

Grandma lists My mom, both my aunts, and myself and two sisters as beneficiaries of “the irrevocable family trust” but under distribution of funds it only says my sisters and I and my aunts. It doesn’t mention my mother. My aunts are trying to say she was cut out of the will but if that’s the case then why name her as beneficiary at all? What should be done? The estate adds up to a bit of money. There is almost 400 acres of property in just one of the tracts she owns and almost $400,000 for the house not to mention savings, retirement, any life insurance, investments.

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2 Lawyer Answers
Nina Whitehurst
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Answered
  • Estate Planning Lawyer
  • Crossville, TN
  • Licensed in Tennessee

A: This forum is meant for obtaining answers to questions of a general nature. You are asking for very specific advice about a particular set of circumstances. There is no attorney in this forum that will be able to answer your question without reviewing the trust instrument itself, at a minimum. (If you are a beneficiary, then you are entitled to a copy of it.)

You should schedule a consultation with a trust administration attorney in Tennessee. Be prepared to provide a copy of the trust. It would also be extremely helpful if you can also provide copies of deeds, bank and brokerage and retirement account statements and life insurance information.

Anthony M. Avery agrees with this answer

Anthony M. Avery
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Answered
  • Estate Planning Lawyer
  • Knoxville, TN
  • Licensed in Tennessee

A: You can hire a TN attorney to search the titles to the Tract and the House. One or both may not be in the Trust. You also need the lawyer to read the Trust Instrument.

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