My father is in a court battle with the trustees about a property his mother set forth in her Will. Since then, the trustees changed the Will and excluded my father from any earnings from the sale of the house. What can he do? We need someone to represent us and fight for us!
Property held in your mother's name would fall under a will, unless the will is a "pour over will" which names the Trust as the beneficiary. Then the assets will fall and be governed by the trust. Most trusts become irrevocable after the death of the grantor/settlor. If the house was the only asset, then often it must be sold to pay for expenses in the estate. If your father was a beneficiary under the will, he could ask the attorney handling the estate for explanation, and if he doesn't get an answer, obtain a copy of the will and the trust and contact a probate attorney in the county where the estate/trust is being administered.
Without knowing who created the trust and the specific language of the trust itself, it's difficult to answer your question. I suggest you speak with a trust and estates attorney and see what can be done.
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I concur - if you have a sit-down with an Estate Planning attorney you'll do yourself a favor. I'd recommend setting that up right away. See Avvo.com under the link named 'Find-A-Lawyer'.
If you find this answer helpful, please mark it here on AVVO as helpful. My answer is based on the limited facts presented. It doesn’t create an attorney-client relationship. Use the ‘Find-A-Lawyer’ search engine at the top of this page and follow proper legal advice.
You would be well served by consulting with a licensed Hawaii attorney who handles fiduciary litigation and estates. Avvo's "Find a Lawyer" tool is a good resource with which to start your research. The best of blessings to you and your family.
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