Can I 'cash Out' Of A Trust?

[Deerward]

Hi there,

I appreciate your taking the time to answer my enquiry.

Here is my situation: My father set up a trust many years ago and my siblings and I are the beneficiaries. My father has passed away and my mother is still living. I do not know the specifics of the Trust; i.e. who the grantor/settler is, etc.

The problem is that I do not and have never gotten on well with my family and would live to sever ties with them completely as dealing with them has become far too stressful. As a result of wanting to do this; I cannot be a beneficiary of the trust and this would unfortunately mean some form of contact with them in the future.

I would like to know if there is some way for me to 'cash out' of the trust. Relinquish all claim in the future for lump sum now? If so, does this need to be consented? By whom.

I have run this dilemma past a colleague who has a back-round in law and he has advised me to get a copy of the trust - this is easier said than done. Is there someway that I can get a copy of the trust by requesting it from the state or other government entity rather than dealign directly with my family?

Msny thanks,

Josh

[Jerrald]

Hello,

First, trusts are not required to be filed with a governmental unit. Instead it is a private document.

Second, disclosure of trust information is not required when the trustee and beneficiary are the same person. Prob C § 16069. I imagine your mother is both trustee and beneficiary.

Although you might be able to "cash-out" by assigning your beneficial interest in the trust to a third-party provided the trust allows it.

Ultimately, you need to contact your family to sort this out. This will not be solved by remaining idle.