Is making a claim through probate the only way

[chicory]

What is the name of your state? Minnesota

My father in law passed in July, he left a revocable trust and a will. The will was placed in probate in August. My brother in law is the executor. During my father in laws life he was a victem of identity theft which plagued us after his death. What I need to know if these victems of the fraud have rights against my father in laws estate and is the only way they can make a claim is through probate. I ask because the lawyer is telling my brother in law not to make any distrubtions from the trust ,because of the identity theft, which has been funded by the sale of the house, and as of today when I called the probate court I was told there were NO claims or demands against the estate and that it had been closed on December 18th. I just have a gut feeling that I am not being told the truth here in light of the information I found out today...is my gut wrong?

 

[Dandy Don]

It's not exactly clear from your posting whether you are saying that your father committed the identity theft or whether it was committed against him by someone else). Who committed the identity theft against him--family members/relatives or strangers outside of the family? How much did they get? Were steps taken to prevent it or file charges against the perpetrators?

What exactly are you worried that they will do in regards to the estate--try to steal his assets again through identity theft?

Go down to the county courthouse probate court and look at the probate file yourself and you will have a better understanding of whether you have been told the truth or not. And you need to get a specific explanation from the attorney as to WHY he didn't want the brother to make the distribution to get a second opinion about whether his explanation is reasonable or not.

DANDY DON IN OKLAHOMA ([email protected])

 

[chicory]

Thank you for your prompt reply....My father in law was the victem and as to who was commiting the fraud we are clueless at the moment. So if those that were defrauded by the person or persons that stole my father in laws identity wanted to get their monies back would their only recourse be to go through probate. I hope this clairfies

 

[Dandy Don]

Your posting is still unclear. Exactly who was defrauded? They don't have any claim against your father's estate. Their claim is against the people who actually did the crime, so if no one has filed a police report about this, someone needs to do so in order that an investigation can begin.

 

[chicory]

I'll try another way

Okay I have been thinking, and lets just forget about the identity theft for now, my question is basically why is the lawyer telling my brother in law not to make and disbursements from the trust if the case in probate has been closed and according to the probate office there are no claims or demands against the estate?

 

[Dandy Don]

That is something you need to ask the lawyer, or better yet, your brother, IF he is trustee of the trust. Do you have a copy of the trust? You may want to consult a trust attorney to see if there is anything you can do to speed up the distribution.

DANDY DON IN OKLAHOMA ([email protected])