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Left in the dark re: trust status

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S

shewolf469

Guest
What is the name of your state? California

I am desperate for help obtaining the status of my deceased fathers trust! It has been 4 yrs since his death & his trust was contested. I am a beneficiary (child of) whos trust is left in the hands of my brother the executor. I am not to receive my inheritance until 2010, which is great. My concerns are how to get all past transactions, (where the $ went , investments being made, etc...) records of distributions (whos got there $ etc..) and basically where things stand as of now. My apprehension is having my brother etc.., (who tells me nothing) find out that i am researching this. Therefore i eliminated going through the estates attorneys because the two of them (attorney & exectu) are close. I was extremelly close to my beloved father & i know he's turning in his grave knowing that i am left in the dark. There is also my child who knows nothing re: her benefits. She also will acquire in 6 years. Please if there is anyone who could guide me how to obtain this knowledge; I will be extremely grateful. :) Thank you kindly.
 


Dandy Don

Senior Member
Exactly who contested your father's trust--was it you or other brothers/sisters?

An executor can only be in charge of the will. The official term for the person who manages the trust is TRUSTEE. Can we assume that it is your brother who is also trustee?

If you haven't already done so, go to the county courthouse probate court to find out if your father had a will, and if he did, look at the probate file containing the last will and testament and other important financial documentation that will show how his estate was handled. Did you receive anything from the will?

The trust is another matter (it is NOT public record like a will is), but if you feel you were a beneficiary of the trust, then you have the legal right to send the trustee a certified letter asking for a copy of the trust and the accounting statements for each year that the trust has been in existence. Since he supposedly had legal advice, he should have known that he was supposed to provide you with this information, and the fact that he hasn't done so is a red flag that perhaps he may be up to something devious, perhaps trying to steal from the trust without you finding out about it, or at the very least trying to keep you in the dark for as long as he can just out of spite.

Who told you you wouldn't be receiving the trust monies until 2010, and what is the reasoning behind that? If your brother told you that he needs to provide you with documentation that backs up what he is saying--otherwise, 2010 will get here and he could have run off with all of the money by then and then where will you be?

Don't be afraid of asking for information just because the estate attorneys and brother are close, although you do have reason to be suspicious--all they can do is comply and provide the information or give you a weak excuse to turn you down. If you are afraid to be courageous enough to ask for the information that you are entitled to as a beneficiary, then hire a probate or trust attorney to get the information for you--your brother and the estate attorneys won't be able to put them off as easily as they could ignore you.

Hang in there and be persistent, and you will receive what is rightfully yours!!

DANDY DON IN OKLAHOMA ([email protected])
 

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