Do We have a Chance?

[raf]

What is the name of your state? Illinois

Hello,

My uncles had their moms house changed to their name when she passed where they should have sold the house and split the money with their siblings.
My uncles lived there for 30 years with only utility bills and small taxes to pay and save up quite a bit of money, they had annuities, stocks bonds many bank accounts
The uncle who lived there for 30 years died the other day. His brother bullied him into creating a Living trust. We are not sure what is in the trust. My Uncle had told me he had several CDs for my sister and me. My elderly uncle wrote out on a piece of paper " I have left Certifcate of Deposits for you and your sister as trustees in the event of my death." and signed dated it.
First can the living uncle take control and cash in these CDS? He doesnt want to seem to tell us what our uncle left.
My deceased uncle did not write out what bank the CDS were at is there a way I can find out where they are.
Also, my mom these uncles sister passed away four years ago. There is also a house involved, is there anyway we can get her fair sharoe of the estate?
It doesnt seem right we are gypped because our parent had to die and the one sibling and his kids get everything. I have a letter my mother wrote to her brothers many years ago asking for her fair share of the house as it wsnt sold and they lived there for basically free. Can that letter hold up in court as a way to get her fair share of the house and living trust?
If we do have a part in the trust how long a time limit does the executor have to contact us? I really feel like he wants to rip us off and keep it all for his already wealthy children
Thank you for your advice and help

 

[seniorjudge]

You don't know that you have been gypped out of anything because you do not know what the documents (if they exist at all) say.

If you think a will have been filed, go to the courthouse in the county where the deceased person lived and ask the probate court there if a will has been filed.

I'm just really unclear on most of your post.

If you think a trust was executed, then you need to read it to see if you get anything.

 

[Dandy Don]

Normally the will (if there was one) is filed within 30 days after the death at the county courthouse probate court. Check there to see if anything has been filed yet.

It is probably a little bit too soon. It takes time for the executor to handle the paperwork and start claiming/managing assets. Since the CD's will pass outside of probate, you can assume that you will be receiving information about this within the next 30-60 days. It is best not to aggravate the executor by making frequent requests for information since it does take time for the probate process to go through the courts (perhaps a few weeks or months).

If after 30 days the will has not been filed and you have not received any information from the uncle or executor, then get your own attorney and get this estate opened up for probate.

DANDY DON IN OKLAHOMA ([email protected])

 

[seniorjudge]

Dandy, how do you know that the guy OP is talking about is an executor (as opposed to trustee)?

"Since the CD's will pass outside of probate, you can assume that you will be receiving information about this within the next 30-60 days."
From whom will he be receiving this information?


"It is best not to aggravate the executor by making frequent requests for information since it does take time for the probate process to go through the courts (perhaps a few weeks or months)."
Why not? I'd sure want to know where my money was?!

 

[Dandy Don]

Good question, senior judge. I just assumed that the decedent had other assets that will need to be probated, thus the need for an executor. That may or may not be the case, but since there is a living trust created, yes, it would make sense to contact the trustee, but original poster does not know who that is although it may be the uncle.

They have already asked uncle about the CD's but, quote, "He doesn't seem to want to tell us what our uncle left." Therefore, it will do no good to keep on asking him about it if he continues to be unresponsive. He is a mean person, because if he was nice he would go ahead and tell them how much they are getting and where it is held so they can claim it. Uncle will almost have to notify the CD beneficiaries about the information on how to claim, since he can't put them in the estate, unless he has somehow gotten power of attorney and had beneficiaries names changed. Let's hope that has not happened. They won't be able to find out what bank has them unless they call all banks in the area to inquire, and even then the bank may say we only give out information to the executor only.

DANDY DON IN OKLAHOMA ([email protected])

 

[raf]

Had a question

Uncle is Also Power of Attorney. He knew we were to get those CDS.
What does that mean to change Beneficiarys? Would we be able to Challenge the trust? We are in Illinois. I have a handwritten note stating I have CDs coming to me. He is mean and greedy enought to do rip us off too.
For the house my cousin found out He kept 50 percent for himself and 50 percent goes to the Trust. So he probably gets it all im assuming.
Thank you for your time.

 

[seniorjudge]

You keep adding facts.

You really need to see a probate attorney yesterday.

 

[Dandy Don]

You can't really speculate about what has happened until you get actual facts. Talk to a trust attorney about whether your state allows a beneficiary to send a certified letter to the trustee to ask for a copy of the trust and the related accounting information showing its value.

Let's assume that uncle did not abuse power of attorney by changing the beneficiary names on the CD's to his own--if he did that he will face legal charges. For now it's safe to assume that you are still listed in the trust but only an attorney can help you figure everything out!