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Old November 3, 2012, 08:07 PM   #16
Frank Ettin
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Join Date: November 23, 2005
Location: California - San Francisco
Posts: 6,691
Quote:
Originally Posted by AH.74
...That is why I suggested going in with a copy of the actual trust document so the agents there can see for themselves and possibly make a determination. Sending a letter is fine, but without seeing the documents there is not as much potential for a positive outcome....
Understand that my suggestions regarding a letter are based on my years of experience in the practice of law. During my career I had many occasions to seek a formal opinion from a regulatory agency. There are accepted ways of doing that, and there are inappropriate and unhelpful ways to do things.

Meeting with an agent is not the way to go about this. The OP wants a legal opinion, and that would have to come in writing from the agency lawyers, not an agent. Also, an agent is going to have no interest in reading a trust document, nor is he likely to fully understand it. Agents are good at their jobs and know what they need to know to do their jobs; but doing their jobs doesn't involve being familiar with the legal nuances of these sorts of trust arrangements.

A verbal opinion of a agent will also not be binding in the way a formal, legal ruling will be.
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