Ask a Lawyer and Get Answers to Your Legal Questions
Thank you for using Just Answer. I am a licensed attorney and look forward to helping you. I am reviewing your question and will reply back shortly.
My condolences on your loss of your brother.
If there was a trust, then there would be a "pour over" or "catch all" will that essentially directs that anything not in the trust be "poured over" and distributed according to the terms of the trust. The trust would be the controlling document, in other words.It's possible that your brother had a will at one point, and then later made a trust, which would supersede the will. Unlike a will, however, which should be filed with the court following death, a trust does not get filed with the court. The only people entitled to a copy of the trust would be the named beneficiaries of the trust, and the trustee is responsible for mailing them a copy. Persons not named in the trust are not entitled to a copy.You can certainly ask your brother's lawyer if there was a will, but I don't know how much information he would give you beyond yes/no. Their duty is to the estate so I don't know how much they'll tell you.If you need clarification about my answer or additional information, please use the SEND or REPLY button to continue our conversation. Your satisfaction is my goal and I am here to help!Please remember to kindly leave a positive rating for me by clicking on the stars, as that is the only way experts are paid for their time even though you may have already paid a deposit to the site. Follow-up questions asked in this thread do not cost anything additional after leaving a positive rating. Thank you!