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The Water Cooler
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Ask the Lawyer: Probate Q&A
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<blockquote data-quote="Dave70968" data-source="post: 3110933" data-attributes="member: 13624"><p>That will depend upon the terms of the trust. Trusts are divided into two general pots of money: income and corpus (body). The corpus is the principle; the income is the dividends, income, etc. that arises from investment or operation of the corpus. Based upon what you've described--and I'm really just guessing here, so don't take this as any kind of seriously credible answer--it sounds like your mom is the income beneficiary for life, and you and your brother are to split the corpus when she passes. <em>If</em> that is correct, you should just need to call the trustee (not the author of the trust, but the people actually managing it) and ask them to cut you a check. If there's real property, the trustee may need to sell it, prepare deeds for joint ownership, etc., but the trustee should be able to handle the division. You shouldn't need a lawyer (unless there's a debate about value, terms of the trust, etc.), and definitely shouldn't need to go to court. But again, that's an educated guess based on a reading of a one-sentence description, not an actual reading of the trust document; take it not with a grain of salt, but an entire block.</p></blockquote><p></p>
[QUOTE="Dave70968, post: 3110933, member: 13624"] That will depend upon the terms of the trust. Trusts are divided into two general pots of money: income and corpus (body). The corpus is the principle; the income is the dividends, income, etc. that arises from investment or operation of the corpus. Based upon what you've described--and I'm really just guessing here, so don't take this as any kind of seriously credible answer--it sounds like your mom is the income beneficiary for life, and you and your brother are to split the corpus when she passes. [I]If[/I] that is correct, you should just need to call the trustee (not the author of the trust, but the people actually managing it) and ask them to cut you a check. If there's real property, the trustee may need to sell it, prepare deeds for joint ownership, etc., but the trustee should be able to handle the division. You shouldn't need a lawyer (unless there's a debate about value, terms of the trust, etc.), and definitely shouldn't need to go to court. But again, that's an educated guess based on a reading of a one-sentence description, not an actual reading of the trust document; take it not with a grain of salt, but an entire block. [/QUOTE]
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