My dad died a couple months ago, a few months before he died, he told my sister that he was leaving a trust for us kids and it would be split even between us, and also that is would take place 2-3 weeks after he died. He was a very organized person, with a great deal of wealth.
His wife does not like a couple of us, and we think she is doing nothing out of spite.Not returning phone calls etc. Is she required by law to get the will out and take care of the trust, and any other issues related to this?? Or are we at her mercy? Its a very frustrating issue for us. We know that there is an attorney out there that has info on our trust, but she will not give us the attorneys name. Thank you!
2006-09-24 06:39:48 · 4 answers · asked by John P 1 in Politics & Government ➔ Law & Ethics
We did check with probate court last week, and nothing has been filed, we also checked with his old employer(a well known chemical co.) and they have not been notified of his passing, there fore have not released any death benifits (insurance etc) We are going to get an attorney soon, but need advice, and if she is required by law to do this legal stuff, or just laugh at us.
2006-09-24 06:52:07 · update #1
I think the answer here is to get your own attorney to represent you and your siblings. He will be able to get to the bottom of it.
2006-09-24 06:43:56 · answer #1 · answered by AnswerMom 4 · 1⤊ 0⤋
as the executor of the will, she is responsible for making sure
every body in the will is given a copy. this is required by law
that she send this certified mail , so she can send the signature
to probate court. i'm not sure how long she has to complete this
but i believe the will is a matter of public records. your dads
lawyer should have filed this already, so i would guess your
start at the court house.
2006-09-24 06:46:30 · answer #2 · answered by Mary S 6 · 0⤊ 0⤋
A trust or a will exisits only if it can be found. If am attorny has posession he/she is obligated to advise you. I would consult an attorney and/or check with the probate court to see if anything has been filed.
2006-09-24 06:45:36 · answer #3 · answered by Anonymous · 0⤊ 0⤋
For her to get the property she will have to go though probate with the will.
You can file a suit with the probate court to force her into probate.
2006-09-24 12:52:46 · answer #4 · answered by Anonymous · 0⤊ 0⤋