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step mother/dead father's trust

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tailfeather

Junior Member
What is the name of your state (only U.S. law)? New Hampshire

A father and Step Mother(complete w/warts) married 18 years. She requests of him to create a will which will rollover into a trust...in case she dies first, her children (there are no shared children) will be left something. He dies (my father) first, and she is the beneficiary of the will/trust. She is selling off all his things, including the house. She has not even offered us (his) children a piece of his clothing, a trinket or anything yet is trying to give her children some of his possessions. So, I ask, what is the trust and what is the purpose of having a trust. If she did this so her children would be left something than why not his children? The trust (which we had to sneak to quickly look at) states that when she dies the "estate" will be divided between her children and his but what prevents her from selling off everything and creating a new trust for her children only?

It's principle here, only!
 


anteater

Senior Member
It's principle here, only!
We don't work for principle here! We work for the principal - all of it, if possible.

....but what prevents her from selling off everything and creating a new trust for her children only?
It depends upon the terms of the trust and, if stepmom is the trustee, what powers the trust gives to the trustee.

As to finding that out:
1) You got a sneak peak once. You can try again for a longer peak.
2) If the trust was created as a result of probating the will, a copy of the trust might be in the probate case file. That is public record.
3) Assuming that you are a beneficiary of the trust, the trustee may be obligated to provide a copy. But you would need to check with a NH attorney familiar with NH trust law on that point.
 
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