I held dual power of attorney for my uncle. His wife passed several years ago. My Uncle had one son, my cousin, by this wife, which was his third wife. His son had a sever case of cerebral palsy from birth and was confined to a wheelchair or bed, unable to do anything i.e. speak, move freely, roll over in bed, or change his pampers. I took care of both my uncle and his son for several years until uncle passed. My uncle had another son, an attorney, from one of his former wives, who lives in the Carolina's. That makes both son's my cousins and each of the son's step brothers. So it was agreed that the attorney/step bro would take care of his afflicted brother since he had filled for and won full custody rights to his step bro. My afflicted cousins passed in June. He had a life expectancy that was to be about six years old, but he lived to be thirty something. My uncle had established a TRUST FUND for his afflicted son, worth several million dollars. MY QUESTION IS, After my afflicted cousin passed I asked my attorney cousin who is entitled to the millions in the trust fund. He told me only blood relatives. Does that mean immediate family, or first cousins or what? DO I need to apply for a part of the trust fund.
1 Answer from Attorneys
A trust or trusts are flexible. The trust documents themselves should state who the beneficiaries of the trust are. However the trust is a private document, which is rarely subject to mandatory disclosure (unlike a will). Thus you should ask to see a copy of the trust to answer your question.