If a Trustor told me I was in Trust and I later found out I was not, do I have any rights? 9 Answers as of September 17, 2012

I was told by the deceased Trustor that I would get $40000 for being the Trustee. I got a copy of the Trust and found out that I am not in it. Since I Was "told" by the Trustor that I would get it, should I just send the beneficiaries a letter stating that I am requesting the $40000 be paid to me even though there is no documentation?

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Law Office of Patricia A. Simmons
Law Office of Patricia A. Simmons | Patrica A Simmons
It is possible that the trustor amended the trust prior to his/her death. The trust document specifies who the successor trustees and beneficiaries are. The administration of the trust should comply with those terms.
Answer Applies to: California
Replied: 9/17/2012
Law Offices of Frances Headley | Frances Headley
If you acted as Trustee for the trust and the trust provides compensation then you can apply for compensation to the present trustee. If you did not, then you are not entitled to anything.
Answer Applies to: California
Replied: 9/16/2012
Richard E. Damon, PC | Richard E. Damon
No. It has to be in writing in the trust. Further, no trustee gets $40,000 just for being a trustee.
Answer Applies to: California
Replied: 9/16/2012
Asset Protection and Elder Law Center
Asset Protection and Elder Law Center | Shadi Alai-Shaffer
You don't have any rights unless you are specifically in the Trust. Trustor can change their Trust at any time which is what possibly happened. If you are next of kin, you could consult with an attorney to see IF you have any rights to make a claim.
Answer Applies to: California
Replied: 9/16/2012
Irsfeld, Irsfeld & Younger LLP | Norman H. Green
If you are names as successor trustee, then you presumably are entitled to "reasonable compensation" for your service. The oral promise is worth nothing unless it induced you to rely on it to your detriment. For example, if she said, "Move to Los Angeles and take care of me for the last years of my life, and I'll leave you $40K," and you did so, then you might have a legally enforceable claim.
Answer Applies to: California
Replied: 9/16/2012
    The Schreiber Law Firm
    The Schreiber Law Firm | Jeffrey D. Schreiber
    Any statement made by the deceased must be in writing to be enforceable. And a trustor can change their mind at any time until death. Even so, the $40,000 was to be a fee paid for being trustee, not as as a beneficiary. Since you are not the trustee, you have not earned the fees in all events.
    Answer Applies to: California
    Replied: 9/16/2012
    Law Office Of Victor Waid
    Law Office Of Victor Waid | Victor Waid
    Does not appear you are entitled to anything, as you are not a beneficiary of the trust nor the trustee wherein you may have been entitled to charge the trust for services acting as trustee.
    Answer Applies to: California
    Replied: 9/16/2012
    Danville Law Group | Scott Jordan
    Did you do any work for the trust? If yes, you would be entitled to a fee equal to the time working for the trust. If not, I don't believe you would be entitled to anything.
    Answer Applies to: California
    Replied: 9/16/2012
    Neal M. Rimer, Esquire
    Neal M. Rimer, Esquire | Neal M. Rimer
    If a Trustor creates a Trust and tells you that you were named as the Trustee and said that you were going to be paid $40,000, until the Trustor dies, the interest or rights to be a successor trustee are just an expectancy. The Trustor of a revocable trust can change the trust any time they want up until they become incompetent or die. Since you were not named in the Trust and are not the Trustee and are not named as a beneficiary, you have no rights to any funds. No, you should not send a letter and make any demands for something you are not entitled to get.
    Answer Applies to: California
    Replied: 9/16/2012
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