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How much in trust??

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S

slshiv

Guest
What is the name of your state? Indiana

This question is for my brother. We have a wealthy uncle who pasted away last year. In his will, he left my brother a trust fund. Our uncles wife is still living. The attorney handing the will notified my brother that he was in the will and told him it was a substantial amount but would not tell him how much. Nothing will be dispersed until the aunt passes away. Is there anyway for my brother to find out exactly what was left to him? When he asked the attorney, he was only told "a substantial amout". He is not greedy, he is just curious and also surprised as no one in the family expected to be left anything.

Thanks for your help.
 


Dandy Don

Senior Member
If your brother knows the approximate month and year that the uncle died, he should visit the county courthouse probate court to look at the uncle's probate file where the will and other financial information about the estate will be available for viewing for free.

This situation sounds bit unusual, since normally if he was receiving an inheritance from the will, it should have been paid out by now, if the estate has closed. However, it sounds as if your uncle has a will AND a trust, and sometimes those matters get a little bit more complicated when they are being carried out. However, it sounds like the money left for your brother was left in a trust and that the trust has the conditions placed on it (conditions that your uncle set up) about when the money is going to be paid out.

No matter what form the money was left in, a will or trust, the brother has the right to be provided with more information than was given to him. He has the right to ask the executor of the estate for a copy of the will (but that is not necessary now since he can get that when he looks at the file at the courthouse) and he also has the right to request a copy of the original trust document from the trustee (the name and address of trustee and/or the name of the bank that is holding the trust account should be listed in the probate file) by sending the trustee a certified letter.

DANDY DON
 
S

slshiv

Guest
Thanks for your reply. I thought it sounded odd myself that the attorney would not give out much information. According to what my brother was told, the money will not be dispersed until the Aunt passes away. Also, the uncle lived his last few years and passed away in Indiana, but the attorney who contacted my brother was from Chicago. Would my brother go to the courthouse in Indiana to find the info he was wanting?
Thanks again.
 

Dandy Don

Senior Member
It's hard to figure out exactly what is going on, but at least the first place to check is at the county courthouse probate court in Indiana. What city did the uncle die in? I can find the address and phone number of the courthouse and post it here for you.

Information about the will AND the trust will probably be in there.

It is possible that if this attorney is managing the trust as the official trustee, that he might have had the account moved to a Chicago bank which is perfectly acceptable. Or he just may be practicing there and also representing the uncle's widow or the uncle's estate, and may have no connection to the trust. Anyway, if you have problems getting information, talk to a probate or trust attorney and they can write letters on your behalf to get official information, whereas if you just wrote your own letters, the attorney would continue to ignore you since he thinks you are ignorant of the law. He has no real reason for being confidential about this unless the trust has instructed him to do that.

DANDY DON ([email protected])
 

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