California
Thank you Dandy don for responding.
Here is the info:
What type of trust is this?
Revocable Inter Vivos Trust
Why have you waited so long to proceed?
I have reason to believe that there is a later amended Trust than the one my father says is my grandmother’s last.
Two reasons I suspect this:
1> I remember a discussion with my Grandmother as she was waiting for my dad to pick her up to meet with her attorney. At that time she was practically biting her nails over wanting to drop my mom from her Will/Trust. She was afraid my mom would find out and be angry. I was livid, though I kept it myself. Although my parents had been divorced for a number of years at this time, my mom had still continually helped her out and stayed in contact. My grandmother never mentioned my mother again in regards to her will. I was too sick at heart to ever ask.
2>At a later date she told me my she was sorry, but that she felt my dad was going to make it difficult for me to get my money, and she just couldn’t fight with him over it. Then she said,”But don’t worry, there will be a time the money will come to you automatically”, and she said a certain age, but I wasn’t listening too well at the time (I was driving her somewhere). I also didn’t like to talk much about it.
I ultimately backed down on pursing it because my mom received some money from this Trust. At the time my dad made some remark to her that if you don’t need it, give it to your children. Of course , he didn’t offer to split his share- and he has plenty of money to spare where my mother doesn’t. He also said to me something about her receiving the money, and how the money should really be for my sister and I .
So I feel he is lying and I just hate seeing my mom find out the truth.
I opted instead to just forget about it. Then I lost my job, not one easily replaced, and a month later my car was totaled. It was not of much value to be replaced. I’ve been out of work for months.
Do you have an attorney now?
No I don’t. I don’t have much money. I am trying to find someone who will just look at what I have to see if I have a case worth pursuing. I am of the mind to represent myself in court, though others say hire an attorney. But what do you do if you don’t have the money for that? And doing it on contingency takes such a large chunk. It is not a huge amount I am suing for.
Have you received any payout from this trust?
Last month he gave me a small amount - the interest earned on the initial investment. To help me out because of my hardship. I was not happy with this, as it only takes care of my immediate needs, and doesn’t help my get beyond my circumstances.
When you asked for copies of the trust, did you also ask for accounting statements or not?
He sent accounting statements. I couldn’t see anything useful in them to help me resolve my suspicions one way or another.
If you have not already looked at the probate file, you need to do so (the trust is a separate matter from probate, but there might be clues in the file about the trust or a mention of related information about it).
I have not yet located a Will on file. I have been told different things regarding this. That maybe a pour-over will doesn’t have to be filed. I am still looking into this. All the documents he sent me were just computer generated copies, with no letter heading you would expect , considering they were written by an attorney. I had to do some digging on my own to locate who the attorney was. I can’t help but feel, in the light of everything else, that he was covering his tracks. It may be that I’m just reading more into than what it actually means.
Please clarify what you mean about the things done that are not in keeping with what you were told. These actions may or may not be significant.
Along with the things expressed above, in this post and my original post, the given amended Trust was not signed by her. I believe I know who signed it, though, and I am trying to obtain a copy of this other person’s signature. I don’t think my father was trying to pull any thing over on any one; I think he just got lazy and did what was easy for him, by not having to drive to my Grandmother’s to get her signature. This is typical of my father and why I distrust him. I know that doesn’t negate the whole Will and previous Trust, but it does cast suspicion and doubt on his ability to act as Trustee.
My dad told me that it is his duty as a parent to do what is necessary to protect me from making mistakes in life that can potentially be harmful, due to my own lack of experience. I am a 47 year old woman who desperately wants out from under his thumb.
