My step-father left me money in a trust before he passed and my mother spent it befor

[Emorgan86]

Alabama:
I was left money in the tune of $100,000 in a trust to go towards my education when I turned 18 by my step-father before he passed away when I was 14. This will was set up in the state of Alaska. My mother, his wife was executor of the estate. She spent the money before I even turned 18. From what I remember, we were at a car lot when I was 15 and she wanted to buy a really expensive car which was about $40,000. She brought a legal document for this trust and told me to sign it so she could buy the car but she would pay the money back later. I trusted what my mother said so at age 15 I signed it. Well she never paid it back and I never received the money. She also spent the rest of the money, I have no idea how she was able to do this but all this was done before I turned 18. The money was spent in the state of Alabama. I had thought there was nothing I could do about it because my mother was the executor of the estate, but recently got in touch with my step-father's sister who told me it was set up in a trust in my name. I am now 26 and in college paying for it out of pocket myself because this trust is gone. Is there anything I can do about this legally? Thanks

 

[justalayman]

being the executor of the estate has nothing to do with the money in the trust. I presume she was the trustee. That is the only way she could have done anything with the money in the trust.

To start with, you need to get a copy of the trust documents. You might have to sift through your step-fathers probate file to glean some info about it. I would suggest asking your mother about it and if you think it would do any good, you should do so but given the situation, I kind of suspect it won't be fruitful.

If there was a lawyer involved in setting up this trust, contact him/her. If there was a lawyer involved in the probate of his estate, contact him/her.

 

[Emorgan86]

I'm sure there was a lawyer involved, but I have no idea who it was. How would I find that out?

PS I doubt asking my mother would do much good either. The one time I asked about it she got defensive and it really went no where.

 

[justalayman]

I'm sure there was a lawyer involved, but I have no idea who it was. How would I find that out?

If you are speaking of the probate action, it would be listed in the probate file. Concerning a trust, if it was a different lawyer: darn near impossible.

 

[Emorgan86]

What I'm saying is I have never seen the trust nor the will. I don't know who the lawyer was who set it up. Keep in mind I was 14 when he passed and this money was gone before I was 18 so I have very limited knowledge of how it was set up. The only reason I know that money was set aside for me in a trust is that I recently got in contact with my step-father's sister who asked me whether I was able to use the money for my education. When I told her that my mom spent it, she then told me about the trust. Prior to this I thought it was in my mother's name and therefore she could do what she wanted with it. I did not know I had any legal recourse regarding this until I spoke to his sister.

 

[justalayman]

since there was a will, probate must have been opened. That is where I would start. You need to figure out where step-dad lived when he died. Inquire at the probate court for that county. Get a copy of that file. Read it. It should list any attorney of record for that proceeding. If he is still alive, call him and ask about the situation. You may also find information in that file that gives you some direction.

also, ask step-dads sister if she knows of any lawyer involved in either the probate action or the trust (did he use any particular lawyer regularly?)