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Richard
Richard, Attorney
Category: Estate Law
Satisfied Customers: 45675
Experience:  29 years of experience practicing law, including tax and estate planning.
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I am attempting to locate the irrevocable trust of my aunt.

Customer Question

I am attempting to locate the irrevocable trust of my aunt. She has a surviving child of whom was abusing her estate before her death.
The family would like to see the revisions to her trust shortly before her demise.
I did obtain her original will that was filed in the county of her death. It was drawn up before her son went downhill and before a step-son passed. They were listed as executor and alternate executor at the time.
The probate office says that they would not have a copy of the trust with the will unless their was a dispute/case involving her estate in their courts. What are the other possible options to finding her Trust?
J. Hearn
Submitted: 1 year ago.
Category: Estate Law
Expert:  Richard replied 1 year ago.
Welcome! My goal is to do my very best to understand your situation and to provide a full and complete answer for you.

Good evening. A copy of the trust agreement would likely be found at either her bank, her accountant, and/or her lawyer. Her bank would have required a copy to open a bank account for the trust; her accountant would have required a copy to complete the tax returns for the trust; and her lawyer would likely have a copy because her lawyer would have drafted it and most likely coordinated the signing of the trust and the transfer of assets to the trust.



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Customer: replied 1 year ago.


Hello


Thank you for giving me a start to locating the Trust. However, I am not sure how to go about finding out who her lawyer was, accountant, banking, etc.


Her son has become distant and the family doesn't know what to do. We do not know if her property taxes were being paid either. He (son) has a drug problem and had embezzled money from her account. A couple of weeks before her sudden death, she told me that she had agreed to file charges against him with the bank. They were to replace the funds he stole. He was also collecting her rent funds from the properties that she owed and never deposited the money into her account.....he took her car, etc.


I did remember her saying that he had been arrested last year before her death, on drug charges....


Where can we go from here to obtain some of the property/items that she had promised us and protect her assets from him if indeed she removed him from inheriting most of her estate.

Expert:  Richard replied 1 year ago.
Thanks for your follow up. Neither the trust or estate assets are his personal piggy bank. If he will not produce the will and/or the trust agreement, you can file a petition with the court to ask the court to order the document produced. Furthermore, you have the right to demand he produce a full accounting of every dime in and out of her trust and/or estate. If there is any misappropriation, you would be entitled to actual and punitive damages. Finally, if any changes were made close to either her trust or her will, you can contest by showing any one or more of the following: lack of requisite mental capacity, fraud, duress, coercion, and/or undue influence.
Richard, Attorney
Category: Estate Law
Satisfied Customers: 45675
Experience: 29 years of experience practicing law, including tax and estate planning.
Richard and 5 other Estate Law Specialists are ready to help you
Expert:  Richard replied 1 year ago.
Thank you so much for the positive rating! I appreciate having had the opportunity to serve you! If I can be of assistance to you in the future, just look me up and I will be happy to help! For easy access, my bookmark is: http://www.justanswer.com/law/expert-legalbeacon/
Expert:  Richard replied 1 year ago.
Thank you also for the generous bonus! I appreciate your kindness!

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