My father died in 2007. Six days after his death twelve of us - my children and I (5), my dead elder sister`s children (2), my adopted sister (1), my sister (1), my brother (1), and my stepmother and her son (2) - sat in the lawyer`s office to hear the reading of my father`s will and "irrevocable" trust. We asked for a copy of the will and trust but were told by the attorney that we could not get a copy. My stepbrother had been made executor. His mother was to receive the rent from the estate. Also, my father had a stipulation that adopted children could not inherit. Now in 2011, four years later I hired an attorney and asked for and received a copy of a will with a revocable trust and an amendment. The will has been changed, the trust is now revocable and there is an amendment.
All of these documents are frauds. What can we do about this? I want to get a statement from the original attorney who made the trust that she wrote an irrevocable trust. Her father made my father’s will. I would also like to obtain a statement from the attorney who gave us the reading that the trust he read was irrevocable. And I would like statements from ten of us that we heard the attorney state "irrevocable" which he stressed and stated several times. My stepbrother has a new attorney and has said that the attorney who read the will in 2007 is dead...However, I know the attorney is still alive. With all these statements can I contest the false will and trust and amendment?
Estate Planning Attorney
You have got quite a case on your hands their. This is way too much of a fact-specific situation to get into on this forum. You need to immediately hire an attorney to represent your interests and contact all parties involved. Depending on the facts of the case you will have to go through the process of discovery to find out the facts you are looking for.
With respect to your question about do lawyers keep records of the trusts/wills they wrote? Yes of course. Most lawyers keep records of almost everything they've ever done.
This is not legal advice nor intended to create an attorney-client relationship.
Estate Planning Attorney
Yes, attorneys keep records of the estate plans they create. However, ethics prohibit them from discussing those plans with anyone other than the client or persons who have permission from the client to speak with the attorney. Will contests (litigation) are always uncertain and usually expensive, but will probably be necessary to unravel this mess. In Colorado, where I practice, a trustee must provide an accounting to the trust beneficiaries if requested to do so. Your attorney should be able to get an accounting for you if you are in fact a beneficiary.I do want to point out that you and your family may have misunderstood what the attorney meant when she referred to the trust as "irrevocable." Your father's trust may be have been revocable when he executed it, but upon his death, it became "irrevocable." Good luck.
We try to insure the accuracy of this information, but we cannot guarantee its accuracy. Laws change quickly, and the reader should always insure that legal information of any kind is up to date and accurate before relying on it. The reader should never assume that this information applies to his or her specific situation or constitutes legal advice. Therefore, please consult competent counsel in your jurisdiction before acting.
You should consult with an attorney as you have a complex case.
LEGAL DISCLAIMER: The answer(s) given are only to be deemed general in nature as all of the facts of your case were not provided and thoroughly reviewed. Any answers are NOT to be deemed as attorney advice as a full legal opinion can NOT be provided at this time without a complete analysis of all of the facts regarding your particular matter. Any and all statements provided do NOT in any way create any type of attorney/client relationship.