I'm trying to find out if my grandfather left me any money, property, trust fund? : My mother and grandfather passed away. My mother in 2005. My grandfather in 2010-2011. He was a veteran. Owned his house. Had alot of money in the bank. I was recently told from my aunt that he had trust funds for me, my 2 brothers, and her son. He only has 2 children, my mother and my aunt.
David’s answer: It might also be helpful (as the trust might have been created under a will) to check the records of the county where he passed away. That might reveal the executor or trustee's identity. David M. Frees III
What happens when a stock account indicates both a beneficiary and the destination to the estate?: My mother passed away and left a stock account which listed her primary estate representative as the beneficiary with a notation of the destination of the funds to be her estate... It is clearly stated on the beneficiary form in bold print... She had no life insurance but wanted to ensure her final expenses could be covered from this account as well as real estate carry costs until they were sold... Our sister is the primary representative and liquidated the stock account but has kept the money...
David’s answer: Is it possible that the beneficiary designation states that it is to go to her estate or to the "personal representative" of her estate. That is a common expression used in many states to refer to the executor or the administrator of the estate. In that case, most state probate courts would find that your sister received those proceeds solely in her capacity as executor or personal representative and not in her own name. Be sure to consult counsel an be prepared to share all of the facts and documents.
What can I do when trustee refuses to return calls and won’t give accounting of trust?: Mother died June 9, 2017. She had trust where sister was named as trustee. 4 months after mother’s death called sister to find out what’s going on with trust. She finally saw an attorney and on Sept 20, 2017 I received a copy of trust and signed a waiver of right to contest trust and will. I have no problem with the trust. All property and monies was supposed to be divided equally 3 ways. The house sold and was told they made about $300 thousand. There were savings accounts and CD’s but sister will not give amount. Called in a March to see when it will be distributed and told April. I have never received an accounting regarding estate. Sister has never called once to inform me on what’s going on. Now April is almost over and no money and now she will not return my calls or texts. What can I do? It should be noted that the Trust is in California and I live in Washington.
David’s answer: Most states have a specific legal mechanism that will allow you to compel an accounting, and to dispute any irregularities before agreeing to a distribution. You will want to consult an experienced probate court lawyer in the CA county in which she passed. However, while time may be of the essence here also explore having that lawyer make contact and to seek a non judicial resolution of this matter if possible. In other words see if they can help to get an agreement before going to the expense of an all out court action.