How old are you and your brother?What is the name of your state? Florida My father passed away on Jan. 15 and named his sister as trustee. She tells me that my brother and me are not named as beneficiaries at all. Is she obligated to disclose the contents of the trust to us, being his only children. I dont believe her when she says that. Do I have a leagal right to see the trust?
Thank you for answering Mr. Dandy. As far as I know there is no will. I think he tried to prevent my brother and me from making any claim on his estate. You have to understand the cicumstances behind our relationship. My father was a drunk for many years and abandoned us when I was very young. Never did anything for us, didn't even pay any child support to my Mother. Nothing. Later on in life, about 24 years later I sought him out, and we then started to build a relationship. He had been sober for many years by then. After about three years into the relationship he was diognosed with terminal lung cancer. The day he got the news he called me crying and asked me to come to his place in Pensacola to tell me what he wanted to do with his property. He said he wanted me to have it. Now we just found out that we supposedly were no included in the trust. His sister is the trustee and she told me there was nothing for us. I am not sure I believe her. When she told me there was nothing, I let her know that my father owed approximately $18,000 in back child support, and we want it. I am currently pursueing that with my mother. I think she may be lieing about the trust, or she cohersed him into discluding us. I might add, I had to autjhorize the creamation of his body. That makes me think that I do have some rights in this situation. Is it really possible for me to contest the trust? I don't know if he excluded us by name. I haven't had the opportunity to see or hear what it contains. His sister is being uncooperative as you might expect. Any more advice would be greatly appriciated.Yes, she is correct--if you are not named as beneficiary in the trust you have no rights to request a copy of it. Consult a local trust attorney to find out what your next step should be. If there is no specific mention in the trust of a specific reason why you have been disinherited, then you may have legal grounds to contest it.
Is it possible she could have gotten power of attorney? Is there a will being probated?
I am 43 and my brother is 44How old are you and your brother?
Mr. Dandy. Yes he was under Hospice care and was under the influance of powerfull pain killers. I am not sure what the trust is worth, but I do know the property is worth at least $80,000. There is a nice home with a rental property on about 3 acres in Pensacola. I know of at least 1 life insurance policy for $10,000, and I do suspect there is at least 1 more. Let me add, before the Hospice came in he was going though extencive Kimo and also radiation treatments to his brain, as he wanted to keep the cancer out of his brain so he would die without becomeing an invilid. Do you think these factors could have affected his judgment? I would certainly think so. Thank you again for your time and advice. And also, how do I check to see if there is a will?Seems likely that she found out about his intentions and of course used undue influence to keep you out and change the trust so no one else but her would be named beneficiary. Would your father have been under the influence of medications that could have affected his judgement?
What is the trust worth? Was anything probated in probate court and have you checked to see if there was a will or were all assets put into the trust? You may have legal grounds to contest the trust but it may be expensive so make sure you get fee quotations from 3 or more attorneys before you hire one to officially contest and make sure they have experience with such contests.
Without knowing when the trust was made, no one can say whether or not there was any undue influence or whether medication would play a factor. Wills are filed in the courthouse where the deceased was last domiciled & are public records.Mr. Dandy. Yes he was under Hospice care and was under the influance of powerfull pain killers. I am not sure what the trust is worth, but I do know the property is worth at least $80,000. There is a nice home with a rental property on about 3 acres in Pensacola. I know of at least 1 life insurance policy for $10,000, and I do suspect there is at least 1 more. Let me add, before the Hospice came in he was going though extencive Kimo and also radiation treatments to his brain, as he wanted to keep the cancer out of his brain so he would die without becomeing an invilid. Do you think these factors could have affected his judgment? I would certainly think so. Thank you again for your time and advice. And also, how do I check to see if there is a will?