My mother died 3 years ago. She had a Will and a Trust. Her husband (not my father) did not provide copies of the Will or the Trust until 6 months later, when I firmly asked for them. He then provided a copy of the Will, which may or may not be current, but he did not provide a copy of the Trust. I was unaware that the Trust had been omitted. It has recently come to light that my mother intended monetary gifts for my siblings and me in her Trust. Those were never forthcoming. Shortly following our mother's death, her husband remarried and revoked previous Wills and Trusts,. Are my siblings and I still entitled to the gifts my mother intended for us, and if so, how do we access her Trust to verify its contents, and if the gifts are there, how do we bring our ex-step-father to justice?
Estate Planning Attorney
I would guess from your question and your outcome that the trust was a joint trust that could be amended by her husband and you would not be entitled to see the document.
If so-you do not have rights to the document or information about contents.
If your mother had her own trust-the husband has commited a crime and you have some serious decisions on how to proceed. If that is your thought-you need to meet with an attorney to discuss your options.
The answer given does not imply that an attorney-client relationship has been established and your best course of action is to have legal representation in this matter.
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Estate Planning Attorney
The information that you are looking for from the former husband might not be disclosed by him short of a civil action in court - through discovery (depositions and requests for documents under penalty of contempt of court.) You should not try that litigation yourself - talk with an attorney.
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Stop messing around here. Get an estates litigation attorney immediately.
Hope this helps.
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