• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Can paternity be challeneged after death?

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

rmet4nzkx

Senior Member
Dandy Don said:
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).

Whose name is the $40 million dollar house in, or who owned it?

DANDY DON IN OKLAHOMA ([email protected])
DON,
It is the legal child of the deceased not step child.
The $40 million house was already taken by the state for father's bad debts and deeds. There are more debts that assets in the trust.
 


Dandy Don

Senior Member
Thanks for the correction about the child being legal.

The value of the trust is still yet to be decided/discovered. She seems to be speculating about its value and doesn't know for sure because she hasn't communicated with the trustee. Another complication is the fact that stepmom and attorney are being secretive about the trust. I'll bet anything they are not being wholly truthful with her about the true value.

DANDY DON IN OKLAHOMA ([email protected])
 

rmet4nzkx

Senior Member
Dandy Don said:
Thanks for the correction about the child being legal.

The value of the trust is still yet to be decided/discovered. She seems to be speculating about its value and doesn't know for sure because she hasn't communicated with the trustee. Another complication is the fact that stepmom and attorney are being secretive about the trust. I'll bet anything they are not being wholly truthful with her about the true value.

DANDY DON IN OKLAHOMA ([email protected])
No it's OP's mom who is being secretive about the trust.
 

BlondiePB

Senior Member
I bet that after the attorneys are paid there won't even be enough to pay off the $90,000.00 debt of the decedent.
 

Dandy Don

Senior Member
The sad part is that poster thinks she's responsible for honoring a $90,000 debt that, when all the facts are examined, SHE may not even need to be responsible for paying, since it is most likely that the estate executor would be responsible for that, and since there is no estate, whoever is owed the $90,000 may be out of luck. There is no proof that the trust is responsible for even taking care of this debt.

The trust is going to have to pay the money to someone, and the poster doesn't even know who the money will be going to, and hasn't even answered the questions which this situation needs more clarification about.

DANDY DON IN OKLAHOMA ([email protected])
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top