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Started By
Message
Anyone Have Experience With Pershing?
Posted on 5/16/16 at 4:58 pm
Posted on 5/16/16 at 4:58 pm
I've been having a bitch of a time getting money from them. Here's the story...
Grandfather left my sister and I a small Trust, executor was a close family friend. Executor opened investment account with Pershing, invested Trust money in it.
Executor got ball cancer and died. Got a new executor while we transitioned from a Trust to an LLC. Pershing has been refusing to give us any account info without a death certificate on previous executor (the notarized docs where the judge approved the new executor because the old one died was apparently not good enough).
Fighting the fight with the state to get the death cert at the moment, but my question is this: is this a common request from an investment company? If not, whom should I contact? The SEC? (Securities and Exchange Commission, not the South Eastern Conference :p)
Grandfather left my sister and I a small Trust, executor was a close family friend. Executor opened investment account with Pershing, invested Trust money in it.
Executor got ball cancer and died. Got a new executor while we transitioned from a Trust to an LLC. Pershing has been refusing to give us any account info without a death certificate on previous executor (the notarized docs where the judge approved the new executor because the old one died was apparently not good enough).
Fighting the fight with the state to get the death cert at the moment, but my question is this: is this a common request from an investment company? If not, whom should I contact? The SEC? (Securities and Exchange Commission, not the South Eastern Conference :p)
Posted on 5/16/16 at 5:02 pm to Bard
Not positive but think it might be the law that they have to get the death certificate.
Posted on 5/16/16 at 5:51 pm to Bard
Definitely need a death cert in this case. Think about it from their perspective. Btw are you sure it's the executor and not the trustee that is become the successor?
Posted on 5/16/16 at 6:32 pm to Shepherd88
quote:
Think about it from their perspective.
I have, but I would think a notarized court order from a judge naming the new executor because the old one died (name and date in the doc) along with the obit from the local paper (also available online) would suffice to prove he died.
quote:
Btw are you sure it's the executor and not the trustee that is become the successor?
Strangely enough, yes.
The Trust was set up with my sister and I getting property but our mother had usufruct until she passed or remarried. She remarried but neither my sister nor I were in a position to deal with creating the LLC then moving everything to it (let this be a lesson, get shite done the soonest you can!) so we just left it in the Trust.
At the point my mother re-married the guy technically became the executor. He was fine with keeping things as-is just as we were so there was no rush.
Then he got testicular cancer and getting anything from him was next to impossible. Then he died and we had a new executor named and we moved everything to the LLC except for this investment account (since we have zero access to it).
Posted on 5/16/16 at 9:11 pm to Bard
Any B/D is going to require a death certificate for this.
Posted on 5/16/16 at 9:14 pm to jeepfreak
Thanks guys. It's not the answer I wanted to hear, but it keeps me from going down useless paths to get this resolved.
Posted on 5/17/16 at 10:30 am to Bard
Pershing may be your broker/dealer, but is the account "managed" (active or passively) by an investment advisor? I've never seen an account directly with Pershing, they are usually just the back office holder and you have an investment advisor you work with who is independent (a lot of small shops use Pershing to custody assets). If this is the case, your advisor should be working with you on this issue.
The broker/dealers are HEAVILY regulated these days and there may well be a regulation that says a birth certificate is needed. You would think a judicial document would be sufficient, but that might not be what the regulation says.
Also, I want to make sure you are using the right terms when you are speaking with these people. The executor is the person managing the grandfather's estate until it is fully distributed. The trustee is the person who manages the trust that was set up for you with usufruct to your mother. It may well be that the executor and the trustee were the same person.
Once the death cert is provided, with the new trustee having been named, it should be easy to move the assets from the trust to an LLC. It would be considered a distribution from the trust. Who is going to manage the LLC?
The broker/dealers are HEAVILY regulated these days and there may well be a regulation that says a birth certificate is needed. You would think a judicial document would be sufficient, but that might not be what the regulation says.
Also, I want to make sure you are using the right terms when you are speaking with these people. The executor is the person managing the grandfather's estate until it is fully distributed. The trustee is the person who manages the trust that was set up for you with usufruct to your mother. It may well be that the executor and the trustee were the same person.
Once the death cert is provided, with the new trustee having been named, it should be easy to move the assets from the trust to an LLC. It would be considered a distribution from the trust. Who is going to manage the LLC?
Posted on 5/17/16 at 1:26 pm to LSUFanHouston
quote:
The executor is the person managing the grandfather's estate until it is fully distributed. The trustee is the person who manages the trust that was set up for you with usufruct to your mother. It may well be that the executor and the trustee were the same person.
That's it exactly.
quote:
Who is going to manage the LLC?
My sister and I. Everything else has been moved into the LLC for the past couple of years (she was working on this issue in her spare time, finally got tired of me bitching about it not getting done and dropped it in my lap).
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