huskertrust
Junior Member
What is the name of your state (only U.S. law)? Nebraska
Hi, I'll try to keep it simple. I just need enough info to decide whether to pursue the issue further with a lawyer.
I'm divorced and have custody of my 2 children. About 10 years ago my ex's aunt died leaving me $2000 per month (for 5 years) if I did not move home (a different state) with my children. Simultaneously, (we were in divorce proceedings) the court allowed me to and I did. Since then I have been flying my children back and forth to visit the other parent (on a regular basis) The kids are now 17 and looking at colleges. My ex has instructed them they may go wherever for school as long as it is under my ex's conditions. (which I won't list here) . I knew about the aunts will since she offered me $2000/mo if I did not move. I have a copy of that will and had long since forgotten about it. Because I had not moved yet and I was named they did send me a copy of the will when she died but there is an affidavit from the PR in the court file I recently obtained saying that I did not meet the conditions listed (I moved with the kids) so I was not a beneficiary. I never received anything after that and I also never thought anything of it.
I came across it recently and read it over. The aunt, who was a lawyer, was dying of cancer when she wrote it. She died one year after she wrote it. It went through probate and gives everything she has to her sister and 150K to a second sister. BUT it also makes provisions for a testamentary trust to be used by the beneficiaries for an education. A long paragraph says it is her intent that her beneficiaries receive an education and the conditions on that which are not much. The beneficiaries can go wherever they want for college and at age 21 were to receive their share of the trust. The trust may also be used for the care and support of her "beneficiaries". The beneficiaries are not listed but the only mention of the word "beneficiary" is me and my children's names in the provision that I not move. My children were the only nephews (no nieces) that existed at the time. It is written as though she has plenty of money to fund a trust and college. It has several paragraphs as to when each beneficiary may take his share of the trust and the intent that the trust be used for college. It has a long paragraph giving the "trustee" (who was also the PR) carte blanche to invest, sell property etc. Yet, it does not say that a certain amount be used to fund the trust. So wondering if my sons now have any $ from this aunt to attend college, I obtained the court file and there is no "trust" named or mentioned in that file. All of this aunts property was sold (she owned several pieces of land and there is a note in the file that says that her estate did not have enough $ to give the one named beneficiary $150K so things were sold etc and that person eventually got their 150K. Her probate assets were 559000 but after paying some claims and a personal loan(unsecured) to the same family member named in the will as the beneficiary of 150K, there appears nothing was left to fund a trust. (one piece of land I looked up on the assessors page was sold for $25000 years ago but is valued at $500000 today I guess that could be legit tho, bad move)
If a trust was set up would it have passed outside the will? Is there any way to discover a trust? I have considered that her intentions were bigger than her bank account.
Is there a way to ask the personal representative or the court to divulge if a trust was set up or exists? The estate was closed a year after her death)
Isn't a beneficiary a named person? As opposed to an "heir"? No "heirs" are mentioned, just the word "beneficiaries" and the talk about college which could only have applied to my 2 kids.
My ex has always had plenty of $ to buy our children cars, gifts, vacations with him etc. My ex does not own his house, his mother does who was the personal representative. I always funded the travel for viz for the kids. I now think he's been using trust proceeds BUT am open to discovering that if he did it was legit or he got it from his mom or something and there just was never enough $ to fund this trust.
Sorry, guess this wasn't simple.
Hi, I'll try to keep it simple. I just need enough info to decide whether to pursue the issue further with a lawyer.
I'm divorced and have custody of my 2 children. About 10 years ago my ex's aunt died leaving me $2000 per month (for 5 years) if I did not move home (a different state) with my children. Simultaneously, (we were in divorce proceedings) the court allowed me to and I did. Since then I have been flying my children back and forth to visit the other parent (on a regular basis) The kids are now 17 and looking at colleges. My ex has instructed them they may go wherever for school as long as it is under my ex's conditions. (which I won't list here) . I knew about the aunts will since she offered me $2000/mo if I did not move. I have a copy of that will and had long since forgotten about it. Because I had not moved yet and I was named they did send me a copy of the will when she died but there is an affidavit from the PR in the court file I recently obtained saying that I did not meet the conditions listed (I moved with the kids) so I was not a beneficiary. I never received anything after that and I also never thought anything of it.
I came across it recently and read it over. The aunt, who was a lawyer, was dying of cancer when she wrote it. She died one year after she wrote it. It went through probate and gives everything she has to her sister and 150K to a second sister. BUT it also makes provisions for a testamentary trust to be used by the beneficiaries for an education. A long paragraph says it is her intent that her beneficiaries receive an education and the conditions on that which are not much. The beneficiaries can go wherever they want for college and at age 21 were to receive their share of the trust. The trust may also be used for the care and support of her "beneficiaries". The beneficiaries are not listed but the only mention of the word "beneficiary" is me and my children's names in the provision that I not move. My children were the only nephews (no nieces) that existed at the time. It is written as though she has plenty of money to fund a trust and college. It has several paragraphs as to when each beneficiary may take his share of the trust and the intent that the trust be used for college. It has a long paragraph giving the "trustee" (who was also the PR) carte blanche to invest, sell property etc. Yet, it does not say that a certain amount be used to fund the trust. So wondering if my sons now have any $ from this aunt to attend college, I obtained the court file and there is no "trust" named or mentioned in that file. All of this aunts property was sold (she owned several pieces of land and there is a note in the file that says that her estate did not have enough $ to give the one named beneficiary $150K so things were sold etc and that person eventually got their 150K. Her probate assets were 559000 but after paying some claims and a personal loan(unsecured) to the same family member named in the will as the beneficiary of 150K, there appears nothing was left to fund a trust. (one piece of land I looked up on the assessors page was sold for $25000 years ago but is valued at $500000 today I guess that could be legit tho, bad move)
If a trust was set up would it have passed outside the will? Is there any way to discover a trust? I have considered that her intentions were bigger than her bank account.
Is there a way to ask the personal representative or the court to divulge if a trust was set up or exists? The estate was closed a year after her death)
Isn't a beneficiary a named person? As opposed to an "heir"? No "heirs" are mentioned, just the word "beneficiaries" and the talk about college which could only have applied to my 2 kids.
My ex has always had plenty of $ to buy our children cars, gifts, vacations with him etc. My ex does not own his house, his mother does who was the personal representative. I always funded the travel for viz for the kids. I now think he's been using trust proceeds BUT am open to discovering that if he did it was legit or he got it from his mom or something and there just was never enough $ to fund this trust.
Sorry, guess this wasn't simple.