My dad passed away two years ago at the age of 53. My mom blew through all of the money he left behind (500,000+) and is going to be moving forward with trying to fix up and sell our family home which my dad paid off with money from his trust that his parents left him. I have not seen a copy of my dad's will, and there are no public records of it. I have no idea if he left everything to her or if there were things that I and my two brothers were entitled too. My Aunt (dad's sister) told me that since that house was bought with money from dad's trust, that it belongs to my brothers and I, and would be split into thirds. My dad's parents left each of their three children a trust in their name, and it was written in the will that if they should live to be 55, they could do whatever with their trust. But since my dad did not live until the age of 55, anything bought with that trust money belongs to his direct descendants (my brothers and I), and my mom cannot touch it. I'm sorry, I am so confused and I know I am probably making no sense, but I am hoping you can make out what I am trying to say.
Sorry about the loss of your father at such a young age. I lost my father at 52.
As to the money - it was probably a joint account so it became totally hers at his death. The Will does not matter on this. The house is likely the same way joint tenants with right of survivorship unless owned by the Trust. If owned by the Trust the terms of it would control. Will still not needed.
An easy way to check is to look at deed. If both parents listed as owner it is not Trust. If it says something like The Living Trust of John Doe on the deed the house is not hers to sell. If you do not have a copy of the deed you can look up the owner on the county where the house is located tax assessors Web site.
It would be helpful to see a copy of your Dad's trust and will, as well as your Dad's parents estate planning documents to determine if you and your brothers have a claim.
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