Finding out Will / Trust info

[CHEFONTHEGO]

What is the name of your state (only U.S. law)? Nevada.

My Very wealthy father passed away on Oct 30 2012. I'm the 1st born son. He lived in Missouri. I have no info on a Will or any Trust info. what do I do? His widow, My step mother is very elusive & won't tell me any info. we are not on the best of terms. what to I do ??

 

[curb1]

You said, "I'm the 1st born son". How many followed you? Do you know much about your father? How were his properties titled? Who was his legal consultant? Where did he do his banking? Do you know his friends? You need to do some basic inquiries.

 

[CHEFONTHEGO]

His widow is being very allusive about the details of any wills or trust. I'm not sure who the attny was or who did any of the trust stuff. But I have an idea on who it might be. there are 4 blood children & 2 by marriage to his widow,his 3 rd wife. she had baggage. how would I find out what was in the trust or will ?? doesn't something have to be filed ? 3 of his blood children & his sister are not on good terms with the widow & are totally in the dark. Ideas ??

 

[LdiJ]

His widow is being very allusive about the details of any wills or trust. I'm not sure who the attny was or who did any of the trust stuff. But I have an idea on who it might be. there are 4 blood children & 2 by marriage to his widow,his 3 rd wife. she had baggage. how would I find out what was in the trust or will ?? doesn't something have to be filed ? 3 of his blood children & his sister are not on good terms with the widow & are totally in the dark. Ideas ??

Reality check....

Someone, with proper estate planning can literally leave everything to their spouse even if they have children from previous relationships/marriages. They can literally insure that everything passes to their spouse without an estate even existing.

Consulting a probate attorney in the state where your father passed away is most likely the only way to figure out what actually happened and whether or not there is an estate that could be inherited by any of his children.

 

[curb1]

You could get a good fast cheap clue by checking the public records at the courthouse where he lived to see how his property was titled. It would not be too big of a surprise to find out all of his assets passed directly to his wife. Call the bank where he did his banking to see if they can tell you where his accounts ended up.

 

[CHEFONTHEGO]

OK I'm going to call the courthouse in the am to see what kind of records are on file, doesn't a will or a trust have to be recorded as well, is there a time limit on when a will or trust must be read ? or people notified of it. I'm just wanting to know for me & my siblings where are the many assets & possessions going to go.

 

[Eekamouse]

Were you on bad terms with your father, also, or just with his wife?

 

[anteater]

OK I'm going to call the courthouse in the am to see what kind of records are on file, doesn't a will or a trust have to be recorded as well, is there a time limit on when a will or trust must be read ? or people notified of it. I'm just wanting to know for me & my siblings where are the many assets & possessions going to go.

A will is submitted to the court in order to open probate and have someone appointed by the court to administer the probate estate. If a petition to open probate is made to the court and the will is submitted, you should receive notice of the petition as an heir. Missouri has one of the shorter time limits for submission of a will - one year.

But, if there are no assets that need to be probated, then it may not be necessary to submit the will and petition the court to open probate.

One of the reasons to establish a trust is privacy. Generally, the court plays no role in the administration of a trust:

Section 456-002.201

Role of court in administration of trust.
456.2-201. 1. The court may intervene in the administration of a trust to the extent its jurisdiction is invoked by an interested person or as provided by law.

2. A trust is not subject to continuing judicial supervision unless ordered by the court.

3. A judicial proceeding involving a trust may relate to any matter involving the trust's administration, including a request for instructions and an action to declare rights.

I don't know Missouri's exact requirements, but, generally, you would only receive notice of and information about a trust if you are a beneficiary of the trust. Or if you successfully petition the court to intervene.


Edit to add:

Here is the trustee's duty to inform and report:

http://www.moga.mo.gov/statutes/C400-499/4560080813.HTM

 

[TrustUser]

a bank is not gonna tell you anything about an account, unless it is in your name, or you are a beneficiary and can prove the death of the owner.

 

[anteater]

a bank should not tell you anything about an account, unless it is in your name, or you are a beneficiary and can prove the death of the owner.

There, fixed that for you. Never try to guess what bank employees might or might not do.

How you doin', Trusty? Haven't seen you around much. Created any good trusts lately?

 

[TrustUser]

hi ant,

nice to hear from ya. hope you have a good thanksgiving.