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Infolawyer, Attorney
Category: Estate Law
Satisfied Customers: 57361
Experience:  Licensed attorney helping individuals and businesses.
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My mother died 20 years ago. She set up a family trust with

Customer Question

My mother died 20 years ago. She set up a family trust with funds to be made available to my sister, who was single, until her death and then the remainder to be split among the remaining siblings or their heirs. Based on what I've been told, my sister used most of the trust funds. (She had a monthly allowance and purchased a house 5 years ago.) I realize that once the funds were transferred to her that they became her assets and no longer the trusts. She passed away about two months ago at the age of 91. I am her successor as trustee. She had been in an assisted living facility for about two years due to dementia and gave a friend her power of attorney and paid her for taking care of her bills and personal business. Her friend is in possession of her will, but has not filed it with the court or indicated anything about its contents to anyone in the family and was not cooperative when I asked her for a copy of the death certificate. Even though she is in possession of all my sister's assets, I paid for the funeral and other related expenses. The friend has contacted the trust lawyer. He told me that he advised her to get a lawyer in the state where my sister resided. My question is should I ask my lawyer to send her a letter requesting a copy of the will or just call the probate office every few weeks and wait for them to send me a notice?
Submitted: 2 years ago.
Category: Estate Law
Expert:  Infolawyer replied 2 years ago.
You should ask for a copy of the will. It needs to be produced.Checking the probate court for filing is a good back up plan as well. Proceed with both!
Expert:  Infolawyer replied 2 years ago.
Kindly let me know if that is clear and acceptable.