Do I do. My father died 8 years ago and I just find all this hidden documentation . at moms house? I asked the attorney and my sister. They will not answer. The only answer that was given was that my sister took the trust agrrement. Isn't the attorney and my sister responsible for telling me( beneficiary and co trustee w/ stamped durable POA in Nassau County) about what my Dad let my mother and me. Why did they hide the POA from me I helped my Dad at hospital for 8 months. My mom does not speak English and I am trying to piece together the events. What should I do first with an attorney search the unprobated will or trust documents is it too late ? I just found these hidden docs a few months ago?
Estate Planning Attorney
I agree with the other answers that you must consult with a lawyer ASAP. It is sad that you were caring for your father, while your sister stole the document, but this is a common situation. It would be very important to me if you had it in writing from the lawyer that your sister took the trust. Does the lawyer have the EIN number? Does the lawyer have a copy of it? FYI, lawyers most often retain a copy of work. You yourself can not handle this matter. However, whether you should invest in a lawyer to find the trust depends on what proof you have. Tax returns of the trust? If not, maybe the accountant has copies. I would suggest that you invest in at least getting some authority over the estate in the form of a petition for letters of administration. This often brings the will ( and even a trust) to the table. If nothing else, you could commence a turnover and get a judgment against her. There are just too many scenarios to review. Consult a very experienced lawyer ASAP.
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Your factual situation is less than clear and with the long time frame and possible statute of limitations arguments, you must immediately retain an estate litigation attorney. Together you can get the factual time line cleared up, see what if anything was filed with the register of wills or probate court and finally determine what your rights are and if you have a cause of action in this matter.
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LEGAL DISCLAIMER Mr. Fromm is licensed to practice law throughout the state of PA with offices in Philadelphia and Montgomery Counties. He is authorized to handle IRS matters throughout the United States. His phone number is 215-735-2336 or his email address is firstname.lastname@example.org , his website is www.sjfpc.com. and his blog is <http://frommtaxes.wordpress.com/> Mr. Fromm is ethically required to state that the response herein is not legal advice and does not create an attorney/ client relationship. Also, there are no recognized legal specialties under Pennsylvania law. Any references to a trust, estate or tax lawyer refer only to the fact that Mr. Fromm limits his practice to these areas of the law. These responses are only in the form of legal education and are intended to only provide general information about the matter within the question. Oftentimes the question does not include significant and important facts and timelines that if known could significantly change the reply or make such reply unsuitable. Mr. Fromm strongly advises the questioner to confer with an attorney in their state in order to ensure proper advice is received. By using this site you understand and agree that there is no attorney client relationship or confidentiality between you and the attorney responding. This site should not be used as a substitute for competent legal advice from a licensed attorney that practices in the subject area in your jurisdiction, who is familiar with your specific facts and all of the circumstances and with whom you have an attorney client relationship. The law changes frequently and varies from jurisdiction to jurisdiction. The information and materials provided are general in nature, and may not apply to a specific factual or legal circumstance described in the question or omitted from the question. Circular 230 Disclaimer - Any information in this comment may not be used to eliminate or reduce penalties by the IRS or any other governmental agency.
Elder Law Attorney
You need to confer with an attorney at your earliest opportunity. The attorney can review the documentation and advise you of your rights. Do not delay any longer.