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Does This Mean I am Left out of Inheritance

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raf

Junior Member
What is the name of your state?What is the name of your state? Illinois
My relative died two months ago. I just got a copy of the pourover will.
There was a revocable living trust and deceased relative had always promised I would be compensated at the end for all my help. Yet this is what is stated in the will It says that I have intentionally and with full knowledge omitted to provide for all my heirs who are not specifically mentioned in the terms of this will.

and the distributions designated in this will is intended to be in lieu of any other claims, of whatever nature and whether arising by statute or otherwise, by an taker hereunder: any taker who asserts any other claim or contests this will or any trust made by me shall forfeit all interest in any property, income or other benefit to him/her. Any property, income or other benefit forfeited by the operation of this paragraph shall be distributed as part of the residue of my estate as if the taker asserting the claim predeceased me without surviving issue. Does this mean I am totally left out of the trust? All that is mentioned are several people who are called Personal Represetatives. There role is to disperse of property etc.
If I am out of luck can I contest the trust if I have nothing to lose?
What are my options?
I cannot get a copy of the trust. Trustee is super Volatile and told me to stay out of others estates .
Thank you for your help.
 


BelizeBreeze

Senior Member
Well you have two options:

Shut up, wait until you discover the contents of the Trust and decide what to do then, or;

Go ahead and shell out thousands of dollars to contect the Trust, although you have no idea who is a trustee, then allow the included paragraph to kick in and get nothing.

The enclosed statement in the will ONLY means you get nothing if you are not a beneficiary of the trust. Don't you think you might want to wait until you know it's contents?
 

raf

Junior Member
I dont Appreciate being told to "Shut UP" when i asked a question.
I thought what that is what these board are for to ask Questions.

I dont believe your READ what i wrote. You said I dont know who the trustee is. I wrote I cannot get a copy of the trust.
Trustee is super Volatile and told me to stay out of others estates .

The Will said that "I have intentionally and with full knowledge omitted to provide for all my heirs who are not specifically mentioned in the terms of this will".

My name is Not mentioned in the Will. I wondered if TERMS perhaps meant the TRUST as it is a Pour Over Will.
Maybe I am in the TRUST but the TRUSTEE WONT SAY
 

Dandy Don

Senior Member
Talk to an Illinois trust attorney to find out what your rights are, whether you have the right to send the trustee a certified letter requesting a copy of the trust. Exactly how were you related to the decedent?

If you had been named as a beneficiary, then trustee probably would have notified you by now.

It looks like this relative may have not been completely honest with you--maybe they intended to leave you something but never got around to doing the paperwork. But it also sounds a bit shady--why would a trustee get upset about you asking about an inheritance? It makes you wonder whether trustee or someone else tampered with the trust to delete your name.

DANDY DON IN OKLAHOMA ([email protected])
 

raf

Junior Member
Thank you for responding.
The deceased person is my parents sibling. My parent is passed on.
the deceased only has one sibling left. Deceased never married nor had children.
I helped the Deceased out for a long time and was promised to be greatly compensated financially for my help.
I even have a note stating deceased is leaving me money. It is not notarized.
Just signed and dated written before the trust was.
Trustee is deceaseds remaining sibling and refuses to disclose information. Claims its all being worked out. This was almost two months ago. Estate has to be worth several million dollars


That is why Id like to know what that sentence means in the pour over will
I have intentionally and with full knowledge omitted to provide for all of my heirs who are not specifically mentioned in the terms of this will.
Is it possible the trust May say something different?
Deceased listed several personal reps two of whom were barely tolerated.

Could the word Terms mean terms to the trust? Is there a statue of limitations in Illinois to file a lawsuit?
Thank you for your help
 
"I have intentionally and with full knowledge omitted to provide for all of my heirs who are not specifically mentioned in the terms of this will. "

I would think that means "if you aren't specifically mentioned, you get NOTHING and I left ya out on purpose".

I wonder if the trustee is keeping it from you because they are contesting it themselves, (i.e. you might be mentioned and they don't want you to get anything). Take Dandy Don's advise and get yourself an attorney - at least for a consultation to determine what, if any, action you can take.

Good luck, and sorry for your loss.
 

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