Lauren Kirsten Schall's Answers

If assets/accounts are not specifically listed in a trust and there is no will, the assets in his name go into probate, correct?

A copy of the will should be filled with the court within 30 days of the date of your stepfather's death. You can go to the court to ask for oversight of administering the trust if you believe there are illegal or otherwise bad behavior by the trustee. The court could even go as far as removing the trustee if the conditions warranted. Your mother should not to hand anything over, until you get a lawyer to represent you. Your mother does have rights as a spouse, and it is possible everything...

1 lawyer agreed with this answer