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  1. #1
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    Dec 2006
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    Default Rights of Remaindermen to a Trust

    What are the legal rights of a remaindermen in a family trust in Texas?

  2. #2
    Join Date
    Mar 2005
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    Michigan
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    Default Re: Remaindermen

    That would depend upon the terms of the trust. In general terms, a remainderman is entitled to the remainder of something, after an initial set of obligations are satisfied. In the context of a trust, a remainderman receives the trust corpus (remaining principal) upon the trust's termination. So in a simple example, if a trust gave a specific beneficiary lifetime use of a house and income from other assets, the remaindermen would get the house and other assets when that beneficiary died.

  3. #3
    Join Date
    Dec 2006
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    Default Re: Rights of Remaindermen to a Trust

    Are the future beneficiaries of a trust (i.e. children of the beneficiaries) entitles to any legal rights in the current existing family trust, depending on the terms? If so, waht are they. For example, the legal right to sue, the legal right to receive information on trust matters, etc.

  4. #4
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    Default Re: Rights of Remaindermen to a Trust

    Quote Quoting kemp
    View Post
    Are the future beneficiaries of a trust (i.e. children of the beneficiaries) entitles to any legal rights in the current existing family trust, depending on the terms? If so, waht are they. For example, the legal right to sue, the legal right to receive information on trust matters, etc.
    The answers to your questions are in the trust agreement.

    What does it say?

  5. #5
    Join Date
    Dec 2006
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    21

    Default Re: Rights of Remaindermen to a Trust

    Are the children of a beneficiary, legally called a remaindermen? In general, do the remindermen have the legal right to sue, receive information on trust matters? I do not know what the trust agreement says on those matters, if anything at all.

    Also, what are the legal obligations of the ad litum to the remaindermen of the existing trust?

  6. #6
    Join Date
    Jan 2006
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    38,646

    Default Re: Rights of Remaindermen to a Trust

    it sounds as if you have no idea regarding the trust. What it sounds like is that you are the child of a beneficiary of the trust and are concerned that beneficiary is somehow abusing the trust and you want to stop it since it is probably going to cause you to lose any benefit of the trust.

    Also, what are the legal obligations of the ad litum to the remaindermen of the existing trust?
    the ad litem what? guardian? attorney? are the children uder age? Who appointed an ad litem anything and for what purpose?

    and just because they are the children of a beneficiary does not make the remaindermen or future beneficiaries. They are only heirs unless the trust makes them remaindermen or future beneficiaries. That does not mean they will ever benefit from the trust.

    You need to speak to the trustee or view the trust document to determine if you do in fact have any involvement with the trust. You may be simply worrying about money that you would never recieve but it is apparent you just don't know.

    Once you have done that, it will be able to determine what rights you do have. Without it, you have nothing.

  7. #7
    Join Date
    Jul 2006
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    5,437

    Default Re: Rights of Remaindermen to a Trust

    Q: Are the children of a beneficiary, legally called a remaindermen?

    A: No.


    Q: In general, do the remindermen have the legal right to sue, receive information on trust matters?

    A: Beneficiaries have rights to get info.


    Q: Also, what are the legal obligations of the ad litum to the remaindermen of the existing trust?

    A: I have no idea what you are asking; rephrase your question without using legal terms.

  8. #8
    Join Date
    Dec 2006
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    21

    Default Re: Rights of Remaindermen to a Trust

    I am in fact a future beneficiary to the trust. An ad litum attorney was appointed to represent the future beneficiaries of the trust.

    Do I need to go to the courthouse in the county where the trust was established to view the trust agreement?

    No, I do not know if I have any legal rights. Lets say, hypothetically, that there was no mention in the trust agreement as to what are the legal rights of future beneficiaries, would I interpret that as to mean that no legal rights exist if not mentioned and would I need to consult the statutes in the state of Texas to determine my legal rights as future beneficiary. For now, I will not refer myself as remaindermen.

    Personally, I would be suprised if the trust agreement said :Future beneficiary may not sue the trust, future beneficiary may not access trust info, etc etc

  9. #9
    Join Date
    Jul 2006
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    Default Re: Rights of Remaindermen to a Trust

    I am in fact a future beneficiary to the trust.

    How do you know this?


    An ad litum attorney was appointed to represent the future beneficiaries of the trust.

    And why was an ad litem attorney appointed to represent the future beneficiaries?


    Do I need to go to the courthouse in the county where the trust was established to view the trust agreement?

    A trust is not necessarily recorded in the land deed records; you need to go to the trustee to see the trust.




    No, I do not know if I have any legal rights. Lets say, hypothetically, that there was no mention in the trust agreement as to what are the legal rights of future beneficiaries, would I interpret that as to mean that no legal rights exist if not mentioned and would I need to consult the statutes in the state of Texas to determine my legal rights as future beneficiary. For now, I will not refer myself as remaindermen.

    You would be a remainderman if the trust were terminated and you got what was left in it. Your legal rights are spelled out in the trust. If you are not mentioned in the trust, then you have no rights.



    Personally, I would be suprised if the trust agreement said :Future beneficiary may not sue the trust, future beneficiary may not access trust info, etc etc

    I am never surprised by anything people do.

  10. #10
    Join Date
    Dec 2006
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    21

    Default Re: Rights of Remaindermen to a Trust

    I am a future beneficiary to the trust because my mother is the current beneficiary of the trust.

    Personally, I do not care why an ad litum attorney was appointed. What I am interested in knowing is what legal rights I have in dealing with the ad litum attorney and the ad litum legal obligations to future beneficiaries.

    So from what I understand, the trust agreement MUST spell out the legal rights of any future beneficiaries (remaindermen) in order for those rights to be enforceable in a court of law. But if there is no mention of legal rights in the trust agreement, then no statutes in the state of Texas that give legal recourse to future beneficiary/remaindermen (assuming such laws exist) can be enforced in a court of law. In other words, was the statute in place before the trust agreement was created.

    I will be a current beneficiary with the existing trust agreement in the future.

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