ADDITIONAL INFORMATION:
In the Will it specifically states “In the even that the beneficiary (myself) has not reached the age of thirty (I am 33), then in such even I give, devise and bequeath the shares of my beneficiary to my trustee (my uncle)”
Summed up the rest of that section says if im under the age of 30 my uncle has to sign over all the stuff when I hit 30 and then he can wash his hands of everything.
Would I be free and clear to make all the decisions now being I am 33 years of age? or would my uncle need to sign off to allow me to start taking care of the affairs myself.
ANSWER BY MARGARET CROSS-BELIVEAU:
If you were under the age of 30 at the time of your father’s passing, then a testamentary trust would have been created by the will and your uncle would have been appointed Trustee. When you turn 30, your uncle should have applied to the court to wind up the testamentary trust. You would not be taking over as trustee, but rather receiving your inheritance.
If you were over the age of 30 at the time of your father’s passing, the testamentary trust language would be ignored and the assets distributed to you after going through the probate process.
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Legal Disclaimer: Please note that this answer does not constitute legal advice, and should not be relied on since each situation is fact specific, and it is impossible to evaluate a legal problem without a comprehensive consultation and review of all the facts and documents at issue. This answer does not create an attorney-client relationship. A lawyer experienced in the subject area and licensed to practice in the jurisdiction should be consulted for legal advice.
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The estate planning attorneys at the Beliveau Law Group provide legal services for estate and asset protection planning. The law firm has offices and attorneys in Naples, Florida; Waltham, Massachusetts; and Salem, New Hampshire.
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The elder law attorneys at the Beliveau Law Group provide legal services for estate and asset protection planning. The law firm has offices and attorneys in Naples, Florida; Waltham, Massachusetts; and Salem, New Hampshire.
