irrevocable trust

[abcd12]

What is the name of your state?New York
My daughters grandfather died. For years he told me and her how she was getting half of his estate, a previous version of the will made the mom a sole beneficiary . The mom is the grandfathers daughter. At the estate lawyers office it was revealed that a trust had been drawn up approx 16 months ago, which left everything to my daughters mom. My daughter has a copy of the will which is about 3 years old, and it gives her half. My daughters mom and the grandfather were not on speaking terms, she is an out of work taker and he had given her quite a bit of money over the years. The grandfather had cataracts and dementia. The new trust was signed by him, his daughter and a notary. The notary is the same as the lawyer that drew up the document. The trust had errors with peoples last names, so it is doubtful that he even read it or had it read to him. The trust had a schedule attached to it, but nothing of value was put in it.

Any legal recourse here? In the meantime, the sole beneficiary is on a spending spree.

 

[Just Blue]

What is the name of your state?New York
My daughters grandfather died. For years he told me and her how she was getting half of his estate, a previous version of the will made the mom a sole beneficiary . The mom is the grandfathers daughter. At the estate lawyers office it was revealed that a trust had been drawn up approx 16 months ago, which left everything to my daughters mom. My daughter has a copy of the will which is about 3 years old, and it gives her half. My daughters mom and the grandfather were not on speaking terms, she is an out of work taker and he had given her quite a bit of money over the years. The grandfather had cataracts and dementia. The new trust was signed by him, his daughter and a notary. The notary is the same as the lawyer that drew up the document. The trust had errors with peoples last names, so it is doubtful that he even read it or had it read to him. The trust had a schedule attached to it, but nothing of value was put in it.

Any legal recourse here? In the meantime, the sole beneficiary is on a spending spree.

What is the value of the extate?

 

[abcd12]

250,000 maybe more

 

[Zigner]

Regardless of the value - daughter had better lawyer-up, and soon.

 

[Just Blue]

250,000 maybe more

Then it is worth it for you daughter to consult with an attorney.

 

[adjusterjack]

The grandfather had cataracts and dementia. The new trust was signed by him, his daughter and a notary. The notary is the same as the lawyer that drew up the document. The trust had errors with peoples last names, so it is doubtful that he even read it or had it read to him.

There is a long, expensive (lawyer fees) distance between saying that and proving it. If your daughter wants any of her grandfather's estate she is going to have to hire a lawyer and go to court to invalidate the trust.

Agree with Zigner and Just Blue.

Lawyer time - right now.

 

[Zigner]

Is "daughter" your 14 year old, your 20 year old, or some other child?

 

[abcd12]

She is my daughter, 23 years old. she has spoken to one lawyer. He said, its not gonna be easy, could take 1-2 years and in the meantime the estates assets are not protected
Wondering if we should get a second opinion.

 

[Zigner]

She is my daughter, 23 years old. she has spoken to one lawyer. He said, its not gonna be easy, could take 1-2 years and in the meantime the estates assets are not protected
Wondering if we should get a second opinion.

Does she have a copy of the trust? It sounds like she may, but I'm not sure.

 

[abcd12]

yes

 

[adjusterjack]

She is my daughter, 23 years old. she has spoken to one lawyer. He said, its not gonna be easy, could take 1-2 years and in the meantime the estates assets are not protected
Wondering if we should get a second opinion.

If you have to wonder, then you should.

 

[zddoodah]

Any legal recourse here?

No one here can say intelligently, based on what you posted, that there is or isn't anything worth pursuing. All your daughter can do is take the relevant documentation to a probate/trust attorney's office and seek a review of the documents and advice.

my daughter . . . has spoken to one lawyer. He said, its not gonna be easy, could take 1-2 years and in the meantime the estates assets are not protected
Wondering if we should get a second opinion.

There is no "we" here. Legally, this has nothing to do with you. That said, and without knowing anything more than what you have posted, I can guarantee you that the lawyer is right that "its [sic] not gonna be easy" and that it "could take 1-2 years." No lawyer who has the slightest idea what he/she is talking about will tell her anything different. Challenging a will or trust is a very difficult thing to do, and such challenges are unsuccessful far more often than they are successful. Additionally, any remotely intelligent lawyer will tell her that this challenge will cost her multiple tens of thousands of dollars. They only thing I slightly disagree with is the bit about the estate's assets not being protected. It is reasonably possible that she could obtain a restraining order. Of course, if her mother were to violate a restraining order, that would create yet another battle.

 

[FlyingRon]

Note that the trust only controls assets the trust owns. Anything not in the trust goes to the estate. The will (if one exists, or the laws of intestate succession if it doesn't) determines the assets that are not in the trust. These documents are independent (the will doesn't affect the trust and the trust documents don't affect the estate). The only relationship is that sometimes a will has a "pour over" provision that provides for some or all assets in the estate to be given over to the trust.

 

[abcd12]

Yes, I understand this has nothing to do with me.
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At the meeting with the trust lawyer she was given a schedule of what was in the trust. All that was on "Schedule A" was $5. The trust stated that items can be added to the trust from time to time. The attorney she met with said it may be hard for her to get an updated schedule since my daughter is not a beneficiary of the trust. There is a pre-existing will. The will makes no mention of a trust.

 

[Zigner]

Yes, I understand this has nothing to do with me.
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At the meeting with the trust lawyer she was given a schedule of what was in the trust. All that was on "Schedule A" was $5. The trust stated that items can be added to the trust from time to time. The attorney she met with said it may be hard for her to get an updated schedule since my daughter is not a beneficiary of the trust. There is a pre-existing will. The will makes no mention of a trust.

Your daughter may be able to open probate through the courts and ask to be appointed administrator. She should make sure to ask her attorney about this possibility.