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If a durable power of attorney was hidden from you with a trust agreement given to one sibling, and a will never probated. What

Asked in Long Beach, NY - almost 2 years

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?

Attorney Answers (3)

Sharon Melissa Siegel

Sharon Melissa Siegel

New York Estate Planning Attorney

Licensed in NY

Answered almost 2 years ago. 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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Steven J. Fromm

Steven J. Fromm

Fort Washington Trusts Attorney

Answered almost 2 years ago. 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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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 sjfpc@comcast.net , his website is www.sjfpc.com . and his blog is <>
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Jerry E Shiles

Jerry E Shiles

Oklahoma City Trusts Attorney

Answered almost 2 years ago. 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.
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