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Old 11-26-2014, 09:21 AM
 
Location: Santee
35 posts, read 51,381 times
Reputation: 44

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Quote:
Originally Posted by yvette8 View Post
Too late my Mom can't legally sign anything because of the Alzheimer's. I am the trustee, but the bank will not let me set up a trust account without a guardianship.
I think I'm understanding what happened here. It's pretty common for people to set up a trust but then fail to fund it. A trust is worthless without assets inside of it. What your mom was supposed to do is put her accounts in the name of the trust. If she did so, then you as the trustee would automatically have access to them if she was incapacitated. It appears that this was not done and that you are trying to setup a new account which will now require you to go through extra legal steps.
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Old 11-27-2014, 09:51 AM
 
461 posts, read 666,906 times
Reputation: 218
Quote:
Originally Posted by wymore View Post
Holy crap. That is crazy. I own a small accountancy firm in Bonita. We do trust tax returns for clients and have a lawyer we work with for preparing trusts for clients who need one. He's very professional and has reasonable fees. If you'd like his information, just send me a direct message.
Hmmm .... taxes ... that brings up another question. Mom has a tax person who has been doing her taxes for years. Do I need a specialized tax person for trust taxes?
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Old 11-27-2014, 09:57 AM
 
Location: California
10,090 posts, read 42,420,868 times
Reputation: 22175
Quote:
Originally Posted by yvette8 View Post
Hmmm .... taxes ... that brings up another question. Mom has a tax person who has been doing her taxes for years. Do I need a specialized tax person for trust taxes?
I guess it would depend how knowledgable her tax preparer is. A good tax consultant should know all the ins and outs of the Trust laws. Ve were able to stick with our same guy.
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Old 11-27-2014, 09:58 AM
 
461 posts, read 666,906 times
Reputation: 218
Quote:
Originally Posted by wymore View Post
I think I'm understanding what happened here. It's pretty common for people to set up a trust but then fail to fund it. A trust is worthless without assets inside of it. What your mom was supposed to do is put her accounts in the name of the trust. If she did so, then you as the trustee would automatically have access to them if she was incapacitated. It appears that this was not done and that you are trying to setup a new account which will now require you to go through extra legal steps.
Exactly! I am a joint owner on all her accounts so I didn't think I needed to set up a trust account. However she had a "secret" investment account that I didn't know about which I am now trying to set up in a trust. I pray that all the planets will line up and I can get things taken care of because I have a den of skanks (other sibs) waiting to pounce.
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