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  1. #1
    Join Date
    Apr 2020
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    13

    Question Trus Beneficiaries

    My question involves estate proceedings in the state of: New York

    John Doe is a divorced man and grantor of the John Doe Revocable Living Trust. The trust names two beneficiaries: His daughter Tina, and his ex-wife Jane Doe, each shown as beneficiaries to half of John's assets. When John dies, his daughter, who resides nearby, finds the Revocable Living Trust.
    After reading through it and realizing that she only gets half of her father's assets, she decides to destroy the trust document and she tells her mother Jane that no will or trust could be found. She then gets all of John's assets, while Jane gets nothing.
    What can John do to prevent this outcome?

  2. #2
    Join Date
    Mar 2013
    Posts
    18,340

    Default Re: Trus Beneficiaries

    What can John do to prevent this outcome?
    Nothing. He's dead.

    But if you are asking what he can do while he's alive he can name a trustee who is not a beneficiary and leave the original trust documents with that person.

  3. #3
    Join Date
    Oct 2006
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    16,474

    Default Re: Trus Beneficiaries

    Quote Quoting adjusterjack
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    Nothing. He's dead.

    But if you are asking what he can do while he's alive he can name a trustee who is not a beneficiary and leave the original trust documents with that person.
    Absolutely. He could also name a successor trustee (in case the named trustee is unable to serve) and leave another set of the original trust documents with the successor trustee as well.

  4. #4
    Join Date
    Jul 2018
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    2,745

    Default Re: Trus Beneficiaries

    Quote Quoting hukre
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    When John dies, his daughter, who resides nearby, finds the Revocable Living Trust.
    After reading through it and realizing that she only gets half of her father's assets, she decides to destroy the trust document and she tells her mother Jane that no will or trust could be found. She then gets all of John's assets, while Jane gets nothing.
    What can John do to prevent this outcome?
    Since John has died, it is not possible for him to do anything.

    If your intent was to say that John has not died but is concerned about potential duplicity by his daughter and would like to prevent it, he could, among many other things, ensure that all persons named in the trust (including his daughter, his ex-wife and whomever is nominated to serve as successor trustee after he dies) have copies of the trust instrument before he dies.

  5. #5
    Join Date
    Mar 2013
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    18,340

    Default Re: Trus Beneficiaries

    Quote Quoting pg1067
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    Since John has died, it is not possible for him to do anything.
    Beat you to it.

    Quote Quoting pg1067
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    Since John has died, it is not possible for him to do anything.

    If your intent was to say that John has not died but is concerned about potential duplicity by his daughter and would like to prevent it, he could, among many other things, ensure that all persons named in the trust (including his daughter, his ex-wife and whomever is nominated to serve as successor trustee after he dies) have copies of the trust instrument before he dies.
    PG, Would a photocopy of trust documents be valid or would duplicates each with original signatures be required?

  6. #6
    Join Date
    Jul 2018
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    2,745

    Default Re: Trus Beneficiaries

    Quote Quoting adjusterjack
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    PG, Would a photocopy of trust documents be valid or would duplicates each with original signatures be required?
    The law has, for quite a while, been moving away from requiring originals of documents. Would a bank accept a photocopy? Probably not, but a court might, and the court might order the bank to accept the photocopy (which provides the bank with the assurance that it won't suffer any adverse consequences from relying on the photocopy).

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