US will, Canadian trust

[whistlesn]

What is the name of your state? Massachusetts

I'm not sure if I can explain this situation properly, so please bear with me. In early November my mother died. Her will left everything to my siblings and I evenly. There is a mortgage on the house and probate has not yet begun. Additionally, our mother had a trust in her name in Canada, where she was initially from, and this too was willed to us. Apparently my mother's lawyer has not sent a copy of her death certificate or will to the Canadian trust company. Is this reasonable? Does Massachusetts probate come first? Should we have a lawyer of our own? The reason the trust is so pressing is that we are paying the mortgage/ property taxes on the house, which is not easy but it could be paid off entirely with the trust. Probate seems like it could take forever, but so does the mortgage.

What are reasonable expectations for us to have concerning the speed of distributing the funds in the trust?

 

[Dandy Don]

Did she die in Massachusetts?

Why was the trust held in Canada--did she previously live there, or was she just attracted to this Canadian company's trust services? Was this trust prepared with the assistance of an attorney--is there an actual trust document, or is this just a trust account? Do you know what the trust is worth monetarily?

You don't need the attorney to contact the trust company. You can do that yourself as an interested potential beneficiary, and the trustee should be more than happy to answer your questions about how soon the distribution could occur. You don't need to wait for probate to be finished--make the call or write the letter now.

DANDY DON IN OKLAHOMA ([email protected])