My father died left 2 trust funds to my children. One child is adult now. My father's stepchildren took advantage of him after he having mental issues said we can't see trust. One says they have it but wont produce it. I don't believe there is one because step kids keep changing how much it is. Plus they made sure my father changed his will so they got everything he owned. My father hated these kids for over 50 years until he had mental issues do to accident. Is there anyway to find out if there is a trust or to see it? If it does exist how would my daughter get it? Would my daughter have to go to court to ask a judge about it? I do not talk with these people. They are dangerous. Step daughter is trustee or something like that. Could they get into trouble if there is no trust fund?
In situations like this, the trustee has definite duties to the beneficiaries of the trust. However, it does not seem like you know for certain whether or not a trust, in fact, exists. If the trust was set up in a will, and the will was probated, you could find it at the court where the will was probated.
This posting is for informational purposes only. It is not legal advice, nor does it establish an attorney-client relationship. For more information, please visit www.justinelderlaw.com.
3 lawyers agree
You might also check the real estate records to see how the real estate was owned. If there was a trust, the property would almost certainly have been transferred into the trust, in order to avoid probate. The deed would not only have information about the trust itself, but would also likely have the name and contact information of the attorney who created the trust.
***Please be sure to mark if you find the answer "helpful" or a "best" answer. Thank you! I hope this helps. ***************************************** LEGAL DISCLAIMER I am licensed to practice law in the State of Michigan and have offices in Wayne and Ingham Counties. My practice is focused in the areas of estate planning and probate administration. I am ethically required to state that the above answer does not create an attorney/client relationship. These responses should be considered general legal education and are intended to provide general information about the question asked. Frequently, the question does not include important facts that, if known, could significantly change the answer. Information provided on this site should not be used as a substitute for competent legal advice from a licensed attorney that practices in your state. The law changes frequently and varies from state to state. If I refer to your state's laws, you should not rely on what I say; I just did a quick Internet search and found something that looked relevant that I hoped you would find helpful. You should verify and confirm any information provided with an attorney licensed in your state. I hope you our answer helpful!
4 lawyers agree
Family Law Attorney
Call a probate attorney in your area.
My name is Stephen R. Cohen and I have practiced over 38 years and can be reached at 213-819-1171. I practiced mainly in Los Angeles and Orange County, California. I am not seeking clients from existing relationships with other attorneys, and give only limited advise over the phone (the phone is primarily used to set appointments), these services do not create an attorney client relationship. I apologize for mispelling< as I am a lousy typist, My answers may offend as I do not believe in pulling punches or sugar coating the truth. Further regarding courts in other states my opinions are largely based on logic and what I think is the modern trend which is to consider the needs of the child.
2 lawyers agree
Estate Planning Attorney
It's not clear from your question when your father died. If it was recent, and what you say about your father changing his will to favor the step-children he previously disliked after developing mental issues from an accident is true, you may wish to consult an attorney to determine if you have a possible cause of action to contest the will. An attorney would also be able to help you track down whether there actually is a trust.
This answer provides general legal information and should not be construed as legal advice to be applied to any specific factual situation. It is not intended to create and does not create an attorney-client relationship. The attorney writing this post is licensed in Texas and Washington only and the laws of your jurisdiction may differ.
1 lawyer agrees