My dead grandmothers lawyers are screwing us over.

[Neuhisstihr]

I live in Nevada and my grandmother recently died last month. My mother and her had the will and trust and all assets completely taken care of as to whom gets what. Since she has passed we are now finding out that the lawyers left out several pertinent assets. Mostly being my grandparents house. Since my grandmother is no longer with us we can’t have the will corrected. In short my grandmothers lawyer is screwing my entire family over. Is there anything that my mother and I can do?

 

[Zigner]

I live in Nevada and my grandmother recently died last month. My mother and her had the will and trust and all assets completely taken care of as to whom gets what. Since she has passed we are now finding out that the lawyers left out several pertinent assets. Mostly being my grandparents house. Since my grandmother is no longer with us we can’t have the will corrected. In short my grandmothers lawyer is screwing my entire family over. Is there anything that my mother and I can do?

Left out from what? From the trust? I would imagine that it was on grandma to take care of transferring the house in to the trust. In any case, with a properly formatted will, the house should get moved in to the trust anyway.

 

[adjusterjack]

with a properly formatted will, the house should get moved in to the trust anyway.

And if the will wasn't properly formatted the house (or the proceeds) would be distributed under intestacy.

 

[Neuhisstihr]

Left out from what? From the trust? I would imagine that it was on grandma to take care of transferring the house in to the trust. In any case, with a properly formatted will, the house should get moved in to the trust anyway.

Yes the house and bank accounts were left out even though both my mother and grandmother were explicitly meticulous about it being in the trust/will and what is to happen to them, but the lawyer left it out. I wasn’t in this stare when it happened and my mother and grandmother are guilty of being too trusting of people.

 

[Zigner]

Yes the house and bank accounts were left out even though both my mother and grandmother were explicitly meticulous about it being in the trust/will and what is to happen to them, but the lawyer left it out. I wasn’t in this stare when it happened and my mother and grandmother are guilty of being too trusting of people.

Left it out of BOTH? How did both your grandmother and mother miss that it wasn't included? Why do you believe that the attorney is trying to screw the family out of something? What other descendants did your grandmother have? Were they supposed to receive a portion of the proceeds?

 

[Neuhisstihr]

Left it out of BOTH? How did both your grandmother and mother miss that it wasn't included? Why do you believe that the attorney is trying to screw the family out of something? What other descendants did your grandmother have? Were they supposed to receive a portion of the proceeds?

It was left out of the Trust. Sorry, I am trying to communicate with my mother. The beneficiaries are my mother, my uncle, my brother, and myself. My aunt and her daughters were excluded and aren't inheriting anything. But since the lawyers left out the house and bank accounts the can go into probate and my aunt and her daughters can go after it. My mothers friend who worked alongside my grandmothers lawyer, said she "royaly ****** us."

 

[Neuhisstihr]

My mother is going to make a few calls today and see what she can do. Thank you in advance to any input you may have.

 

[Zigner]

It was left out of the Trust. Sorry, I am trying to communicate with my mother. The beneficiaries are my mother, my uncle, my brother, and myself. My aunt and her daughters were excluded and aren't inheriting anything. But since the lawyers left out the house and bank accounts the can go into probate and my aunt and her daughters can go after it. My mothers friend who worked alongside my grandmothers lawyer, said she "royaly ****** us."

The will should address assets that are not in the trust.

 

[Neuhisstihr]

The will should address assets that are not in the trust.

Okay. I’ll let my mother know that and have her address it with the lawyer. Thank you.

 

[not2cleverRed]

If the will explicitly mentioned all the children - your mother, uncle, and black sheep aunt, and explicitly says that black sheep aunt is to get nothing (or some token amount), then even if an asset of the estate is not explicitly mentioned in the will, and is not owned by the trust, the black sheep aunt and her spawn have no claim on it.

 

[Zigner]

If the will explicitly mentioned all the children - your mother, uncle, and black sheep aunt, and explicitly says that black sheep aunt is to get nothing (or some token amount), then even if an asset of the estate is not explicitly mentioned in the will, and is not owned by the trust, the black sheep aunt and her spawn have no claim on it.

I don't know that I agree with this, and this is something that should be discussed with a probate attorney in the OP's state. It's entirely possible that an unmentioned asset would pass under the provisions in the intestate succession laws that are applicable.

 

[not2cleverRed]

I don't know that I agree with this, and this is something that should be discussed with a probate attorney in the OP's state. It's entirely possible that an unmentioned asset would pass under the provisions in the intestate succession laws that are applicable.

There is usually some catch all phrasing addressing this in "free" DIY wills. I would certainly hope that some legal eagle being paid to write a will would be a little better.

 

[Zigner]

There is usually some catch all phrasing addressing this in "free" DIY wills. I would certainly hope that some legal eagle being paid to write a will would be a little better.

...and that is why a personal review by an attorney knowledgeable in the applicable probate laws is advisable

 

[Stephen1]

If you are uncomfortable with the lawyer who drew up the trust and will, then you may retain a different lawyer to help with the estate.

 

[commentator]

What would have been the incentive for the lawyer to royally #$@! you over? Did she get the house? Get paid more? I think you folks may be diffusing the anger in the wrong directions here. Grandma never thought to discuss who gets the house, what happens to the house? And as I said, what would be the devious purpose for doing this will this way that might benefit the attorney?