Questions about Irrevocable Trust

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Sally Hill

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Jurisdiction
New Mexico
Please forgive me if I shouldn't have started a new thread, but my focus has changed a bit since my last question. I'm inquiring only about Irrevocable Trusts.

I emailed the County Clerk and she sent back the deed stating the owner of the land in question is in my father's name as an Irrevocable Grantor Retained Income Trust.

I've done some research on GRIT's and while I understand most of what I'm reading I still have some questions.

How does one go about finding out if they are a beneficiary of such a trust?
What I don't understand is it would seem such a trust is unable to be modified without the unanimous consent of the Trustee and Beneficiaries. If you don't know if you're a Beneficiary, how do you know if someone is changing the Trust without your knowledge?

And is there a way to find out who the Trustee is?

I ask because with my situation, my sister told me that my brother had recently filed a notarized form to have the property removed from the Trust as well as some changes made to my father's Will. I asked my father about this and he is very confused as to what is being done, due to his failing health. He is aware changes are being made but he says I must talk to my step-mother or my brother for clear information. These two people are being less than informative at this point. I do know when my father first created the trust he contacted myself, my sister and my brother for our social security numbers and told us we were the beneficiaries of his trust. I have no way of knowing if this actually happened or if he was telling me the truth. He sometimes likes to play fast and loose with the truth and with his finances.

How can I find out if they are changing the Trust without anyone really being aware of what they are doing? Is this legal and is there any way to change or remove property from an irrevocable trust?

Thank you for your time.

I contacted the County Clerk again and she said no changes to the deed have been made at this point. I'm unsure of how many days it would take for a change to the deed to show up.
 
Your issue is far to complex for us to do anything but what you can do yourself, or already have done.

You've gathered some information, done some research, etc...

If you were the beneficiary of a trust you would have been notified of such designation.

Mayve you've seen this:

How the Probate Process Works: Information for Executors | Nolo.com

I suggest you visit with three or four trusts or estate attorneys in your area.

Local attorneys are better positioned to discuss these matters with you, providing you with specific answers unique to your situation.

A local attorney can also advise you about alternate approaches to your issues.

Furthermore, the initial consultation is usually provided FREE of charge or obligation.

I'm closing this thread, as there's nothing more we can offer you.
 
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