Surviving spouse restated the irrevocable trust of the deceased spouse

[jstcrazd]

My state is arizona .My father had my mothers irrevocable trust restated after she passed in order to remove the list of assets I was to receive upon her death . I only recently received a copy of the original trust documents from my lawyer .I have also become aware of several accounts that never made it into the trust .there are several different trusts all of which have been restated after my mothers death some of them up to three times . Should I make a police report for theft now that I'm aware of the property I was supposed to receive worth almost 1 million dollars ?

 

[adjusterjack]

It's a civil matter. You need a trust attorney, not a police report.

The police aren't likely to do anything and I doubt that any DA will touch it.

 

[LdiJ]

It's a civil matter. You need a trust attorney, not a police report.

The police aren't likely to do anything and I doubt that any DA will touch it.

I would certainly agree that he needs to start with an attorney who specializes in trusts. However, if he is accurate, then it could be a police matter as it could be fraud, which is criminal. However, the attorney will know which way it needs to go.

 

[Zigner]

My state is arizona .My father had my mothers irrevocable trust restated after she passed in order to remove the list of assets I was to receive upon her death .

It's quite possible that most of those assets were community property, which means that your father (assuming they were still married) became the sole owner upon your mother's passing.

I only recently received a copy of the original trust documents from my lawyer .I have also become aware of several accounts that never made it into the trust .

I'm not sure what you mean by that, but if they were joint accounts between your mom and your dad, then your dad became the owner of those accounts upon her passing.

there are several different trusts all of which have been restated after my mothers death some of them up to three times . Should I make a police report for theft now that I'm aware of the property I was supposed to receive worth almost 1 million dollars ?

I suspect that much of what you believe was improper may not have been. You say you have an attorney. What does your attorney say about this?

 

[zddoodah]

My father had my mothers irrevocable trust restated after she passed in order to remove the list of assets I was to receive upon her death .

Not exactly sure what this means, but an irrevocable trust cannot typically be amended while the settlor is alive, much less after the settlor has died.

my lawyer .

Is the person from whom you should be seeking advice.

I have also become aware of several accounts that never made it into the trust .

Ok... Because...?

Should I make a police report for theft now that I'm aware of the property I was supposed to receive worth almost 1 million dollars ?

Your post does not indicate that any crime has been committed. Again, seek advice from your lawyer.

 

[jstcrazd]

My mother created a seperate property trust for the purpose of passing her sole seperate property to my brother and I. Because my father has two kids from previous marriages. My mother wanted her assets to pass to her kids only not my half siblings or my father .however when my mother passed the trustee gave the trust to my father who then had his trust attorneys restate the trust document who then removed the paragraph that stated all sole seperate property cars,jewelry,furniture, silverware,dinnerware,clothes,paintings ,pictures,ect were to be Givin to me and my brother upon her death .which we received none of due to the removal then the trustee resigned immediately. giving the trust to a corporate trustee who thought that the trust only held an Ira and 1 life insurance policy .which turns out was only a fraction of what the trust originally held .my father also signed a community property disclaimer of the assets . Then my father sold all of my mothers seperate property giving nothing to me or my brother .the jewelry alone is estimated at 600k car was 40k my college fund which I contributed to through scholarship events which my mother opened for me his name was never on the account until after my mothers death he attached his name to it via his financial advisor then removed my moms name and drained it 64k. There are 4 other accounts including her seperate bank account and 2 other life insurance accounts and a brokerage. Still unaccounted for . The trust attorneys who helped my mother create the trust are the same ones who after she passed helped my father steal and conceal her assets.thought maybe a little more detail would help . Thank you for your input .I have hired attourneys but they are currently handling two other trusts which is another mess. My father is currently selling my mothers jewelry in the family business hints my question about what to do .my attorney has really disappointed me by not answering my questions on this subject I fear he may have been influenced by my father's circle of very prominent and influential people .

 

[adjusterjack]

do .my attorney has really disappointed me by not answering my questions on this subject I fear he may have been influenced by my father's circle of very prominent and influential people .

Then hire another attorney, one who cannot be influenced by prominent and influential people.

 

[jstcrazd]

Then hire another attorney, one who cannot be influenced by prominent and influential
That is easier said than done

 

[jstcrazd]

It's quite possible that most of those assets were community property, which means that your father (assuming they were still married) became the sole owner upon your mother's passing.

I'm not sure what you mean by that, but if they were joint accounts between your mom and your dad, then your dad became the owner of those accounts upon her passing.

I suspect that much of what you believe was improper may not have been. You say you have an attorney. What does your attorney say about this?

There are several trusts the one which my father stole assets from was created as a seperate property trust of only my mothers which had a community property disclaimer signed by my father attached to it .my mom created the trust to insure that her seperate property went to only her two kids and not my father or his children from a previous marriage. I have all of the correspondence between my moms financial accountant confirming that her Ira, bank account ,and life insurance policies had been assigned to that seperate trust . As for my attorneys go it is very apparent that they are just milking me like the last one did .the kept leading me to believe that they could clearly see the breach and they would easily address it in court very soon that was 6 months ago and approximately 50k with no progress hardly .
I understand my case is large and complex . I think what I need is a lawfirm who is nationwide or at least multi state in my region and someone who is used to going up against someone who has money and influence my father is very powerful and used to getting what he wants .thanks for everyone's input