I have a copy of the North Carolina will. It does not name any trusts . How can I find the beneficiary information on a trust drawn for me and my two sons. He has a wife whom he resided with in North Carolina, she is not telling me any information. My Uncle told me to contact her regarding any inheritance he has for me and my two sons. He passed on 4 years ago.
Estate Planning Attorney
You may have waited too long to try and do anything about this, and the only way you are going to be sure is to engage a knowledgeable NC attorney to help you figure it out.
Presumably the Will drawn in NC contains language revoking the CA Will. That is the usual practice. He may have had a simple Will or he may have had a Living Trust, either of which could have created "sub-trusts" for you and your children upon his death.
There are things you could do yourself, but you would need fumble around with the process and terminology. You would be far better off consulting with a NC attorney. I know a number of expert and specialist estate law colleagues in various parts of NC, so if you need a referral to a NC attorney, I may be able to help. Please feel free to contact me directly via the phone or email below.
Mr. Huddleston is an Ohio-Certified Specialist in Estate Planning, Trust & Probate Law, with offices in Columbus and Dayton, serving client families throughout Ohio. He may be contacted directly by phone toll-free at 888.488.7878 or by email CLH@HUDDLAW.COM. Mr. Huddleston responds to Avvo questions as a public service to help educate and provide general guidance to questioners, but his responses are not legal advice and do not create an attorney-client relationship.
3 lawyers agree
it may be too late but you should immediately contact a lawyer in the county your uncle lived in NC and speak with him and share with him a copy of the will you have. he will have to research the county records to see whether any probate or trust proceedings were done. he can advise you what if any course of action is available.
without a detailed review by a lawyer can all the issues raised in your question be appropriately addressed...nothing in this response should be construed as establishing a lawyer client relationship..the answers herein are for informational purposes and not to be construed as advice
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As Attorney Tomberg noted, you have waited a long time on this. You should meet with a lawyer right away and determine what you can do. It is possible, if not likely, that you are to receive your inheritance once your aunt passes away. But you may not have enough information to know how to proceed. An attorney *may* be able to help you.
*** 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.
2 lawyers agree