reissuance of trust agreement

[forestlady]

What is the name of your state? Ohio. My father died April 2000 with an incomplete trust partially established which included me as an heir (his only child/survivor-mother dec'd) and his step daughter following the death of my stepmother. I got 70%, she got 30% after her mother's death. The trust was not drawn correctly and the stepmother had it redrawn claiming she adhered to my father's original wishes. I have no copy of such a document only the original I received upon my lawyer requesting it after my father's death. Do I have a right to a copy of the new trust stating I am still an heir and which she claims is as the original - she has refused to discuss it or give me a copy so I need to know if I can have my lawyer request a copy of the current trust as I am supposedly a designated heir. I need to have this resolved for peace of mind - she inherited a sizable fortune which effectively disinherited me until her eventual death. There is also the issue of power of attorney which has been given, of course, to her daughter and which I assume allows the daughter to revoke the trust as necessary to her satisfaction in the event her mother becomes incompetent.

 

[ALawyer]

You'd better see that lawyer of yours, or another one.

People can not just redraw someone else's trust, and you as a remainderman would have the right to object. If she went to court to get the court to approve a clairification, then you should have received notice. If you did, your time to have object may be gone. If not, get the records. You may have to do something to stop her from PURPORTING to change the trust, or disopbeying it, as if she gets rid of the money, it won't mater what the trust said -- the money would be gone and it may not be possible to get it back from those she gave it to.

 

[Dandy Don]

Your situation is so serious that you need to immediately speak to an attorney who specializes in TRUSTS to help sort out your situation. You most likely WILL be able to request a copy of the trust if you are named as a beneficiary of it, as that is normal procedure in almost every state.

Power of attorney expires at the time of the decedent's death.

DANDY DON ([email protected])