Please get a trust attorney now to examine/evaluate your status in this trust and to examine the trust document!! It is vitally important or you may be put in the position of being taken advantage of by the other side.
When did your father's death occur? Did your father hire this attorney to help him draft the trust and did your father let stepmom see the trust and/or did he tell her that the attorney had the trust document?
Do you even know who the trustee of the trust is?
The fact that the trustee has not contacted you to get your SSN and to inform you about this trust is a little bit suspicious.
The irrevocable trust should have been activated by the trustee not long after the death and even though it may take a month or more, the beneficiaries can expect payment in a reasonable amount of time. You may even have the right to request a copy of the trust from the trustee (along with an accounting statement) by requesting it by certified mail--you need to be finding out from your attorney what and how to request this information.
The stepchild can not be "grandfathered in", but it is possible that stepmom and/or stepchild may have rights to contest the trust (if they had not known about the trust, then there was probably no chance of that happening, but since stepmom knows about it, she is probably consulting with attorneys to evaluate her legal position and probably trying to decide whether she wants to contest it or not).
Can you think of the name of the attorney he may have used to draft the prenup? Did he name stepmom as beneficiary in the will--is there a will being probated?
And please explain details about the $90,000 note you are holding--did he personally sign for this, is is a promissory note, and is this something his company should be taking care of?
DANDY DON IN OKLAHOMA (
[email protected])
