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#4
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| "zxcvar" <arouth[at]radiology.umsmed.edu> wrote in message news:f0e5a6c.0402021828.76b58ce2[at]posting.google.com... - quote - > Many thanks for the reply. How can one can find an independent trust
Here are two I'm familiar with.> company? With thanks. http://www.ctcdelaware.com/ http://www.trustamerica.com/ These two work only with qualified investment advisors, so you'll need to hire one. Brent D. Gardner, ChFC Chartered Financial Consultant http://members.cox.net/brentdgardner1378/ "Be ever questioning. Ignorance is not bliss. It is oblivion. You don't go to heaven if you die dumb. Become better informed. Learn from other's mistakes. You could not live long enough to make them all yourself." - Hyman George Rickover (1900-86), Admiral, US Navy, advocated development of nuclear subs & ships The Chartered Life Underwriter (CLU) and Chartered Financial Consultant (ChFC), designations owned and exclusively offered by The American College, signify the highest standards of academic study and professional excellence in the financial services industry. |
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#3
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| Many thanks for the reply. How can one can find an independent trust company? With thanks. "Brent D. Gardner, ChFC" <bgardner20[at]cox.net> wrote in message news:<oAATb.14909$ay1.4573[at]okepread05> ... - quote - > It is often better to select an independent trust company that does not > manage money. That's my opinion, but it's based on over a decade of > observing what banks do with smaller trust accounts, when they have the > power to do as they see fit when it comes to investment advisor selection. > In my practice, we select independent trust companies that do not compete > with the investment advisor, and I have their legal counsel draft the trust > with flexibility in selection of both trustee and investment advisor. > Brent D. Gardner, ChFC > Chartered Financial Consultant > http://members.cox.net/brentdgardner1378/ |
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#2
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| "zxcvar" <arouth[at]radiology.umsmed.edu> wrote in message news:f0e5a6c.0402012052.54b91998[at]posting.google.com... - quote - > Greetings! I am told that trust department of our local bank [who is a
The real problem here is you have your investment advisor and your corporate> trustee of my assets] is not following the instructions of the trust. > Trust dept is investing money in investments where the trust dept will > receive maximum commission. How one can make the trust dept to invest > money according to the strict instructions? With thanks. trustee under the same roof. It is often better to select an independent trust company that does not manage money. That's my opinion, but it's based on over a decade of observing what banks do with smaller trust accounts, when they have the power to do as they see fit when it comes to investment advisor selection. In my practice, we select independent trust companies that do not compete with the investment advisor, and I have their legal counsel draft the trust with flexibility in selection of both trustee and investment advisor. Brent D. Gardner, ChFC Chartered Financial Consultant http://members.cox.net/brentdgardner1378/ "Be ever questioning. Ignorance is not bliss. It is oblivion. You don't go to heaven if you die dumb. Become better informed. Learn from other's mistakes. You could not live long enough to make them all yourself." - Hyman George Rickover (1900-86), Admiral, US Navy, advocated development of nuclear subs & ships The Chartered Life Underwriter (CLU) and Chartered Financial Consultant (ChFC), designations owned and exclusively offered by The American College, signify the highest standards of academic study and professional excellence in the financial services industry. |
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#1
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| zxcvar wrote: - quote - > Greetings! I am told that trust department of our local bank [who is a
Officially, the answer is that if a trustee is not following> trustee of my assets] is not following the instructions of the trust. > Trust dept is investing money in investments where the trust dept will > receive maximum commission. How one can make the trust dept to invest > money according to the strict instructions? With thanks. the terms of the trust, as a beneficiary you would likely have legal standing to bring an action in the court that has jurisdiction over the trust for damages and other relief to get the trust back to its terms. Now, that said, legal action is expensive and time consuming--and you first need an attorney to look at the situation and tell you whether you truly have a case. Now, if the bank is just blatantly violating the trust that's one thing--but if that isn't so clear (and I suspect it isn't) then you have to deal with the risk of litigation, as well as you becoming potentially responsible for paying for all costs of the litigation, either directly (bank gets court to award it legal fees) or indirectly (if the bank prevails, the expenses of fighting the claim would likely be considered legitimate expenses to be charged to the trust). I would also note that what may appear "clear" to you as a violation may not appear clear to a third party. By a clear violation I mean something like this: 1. Trust provides that trust corpus shall only be invested in securities directly issued by the United States government and grants no discretion to the trustee under any circumstances to vary those investments. 2. Trustee instead invests all assets in a stock mutual fund that the bank manages. If it's not that clear, then you have a lot bigger hill to climb. Remember, the person that set up the trust specifically delegated the decisions on investing to the trustee and *NOT* to you. -- Ed Zollars, CPA Phoenix, Arizona |
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| In article <f0e5a6c.0402012052.54b91998[at]posting.google.com> , arouth[at]radiology.umsmed.edu (zxcvar) wrote: - quote - > Greetings! I am told that trust department of our local bank [who is a
This is one of the problems that occurs when you have a corporate Trustee> trustee of my assets] is not following the instructions of the trust. > Trust dept is investing money in investments where the trust dept will > receive maximum commission. How one can make the trust dept to invest > money according to the strict instructions? With thanks. It may be too late for you but my Trust allows one of the beneficiaries to replace the bank chosen by another bank. -- Avrum Lapin avrum113[at]earthlink.net Upland CA Remove NOSPAM from address |
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#-1
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| Greetings! I am told that trust department of our local bank [who is a trustee of my assets] is not following the instructions of the trust. Trust dept is investing money in investments where the trust dept will receive maximum commission. How one can make the trust dept to invest money according to the strict instructions? With thanks. |