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Irwin Law
Irwin Law, Attorney
Category: Estate Law
Satisfied Customers: 7345
Experience:  30+ yrs. handling probate estate, wills, trust, inheritance & real estate related matters
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My father passed leaving s estate in a Living Trust. He has

Customer Question

HI my father passed leaving his estate in a Living Trust. He has 4 children I am the eldest. He left his estate in varying percentages and left one child out. None of the percentages are equal. The one sister with the highest percentage is also the trustee. She did not file things at all she has not given us beneficiaries updates as required. She has refused to show all of my fathers financial worth, the receipts of all expenditures to the place since his passing. We have a beef cattle farm that reads in the trust that each beneficiary owns out right free of trust. We have been turning out cattle annually keeping the farm going as dad did. The sister and her husband my brother n law are trying to push me to take the farm away they want me to accept fair market value price. They bought out the other sister who has very little interest without my agreement. They said they paid her with there own money. My sister says because she is trustee she can do this without my acceptance. I live out of state and had came back there two times a year 1 week winter 3 to 5 weeks summer trying to help out where I could. I will not budge I love the farm too and the small town is growing with a outlet center three miles from our place. I have been to lawyers before over all this wanting to make sure I knew where I stood with my rights. They assured me as the trust reads I own my percentage out right free of trust. My question is this because they have worked the farm more and against what my fathers wishes were written in the Will/Living Trust will this have any bearing when she has been in breach of several items and time frames of fudiciary duties to us the beneficiaries her being one of them? The farm is profiting yearly. I believe they are trying to keep this from me as well as I said that since I have ownership I could take my percentage in cows and equipment and land and do my own thing. She says not that she will fight me on it and a judge will side with them because I have lived out of state more than instate. I grew up there. Please advise. I do have an attorney in that town whom I consulted initially for information on rights. The Trust was written if I contest my percentage I would loose all, but I am not contesting I am accepting what my father wanted me to have just trying to keep from being stolen from from family. They wanted me to sign papers saying if my name was put on deed I had to do as they want.
Submitted: 1 year ago.
Category: Estate Law
Expert:  socrateaser replied 1 year ago.


It's not clear to me what you are seeking to accomplish. Please clarify:

1. Will you accept fair market value for your interest in the property?

2. Do you want to remain a joint owner in the property, so as to receive income from the agricultural business?

3. Without telling me what your attorney has advised (because that would waive your attorney-client privilege), do you believe that your attorney can protect your interests, if you make a decision to either sell or retain your rights in the property?

Thanks in advance for your aditional informaiton.

Customer: replied 1 year ago.
I am sorry that I was not clearer. This is my first time going this route. My father has been gone since April 2012. My little sister whom he made trustee has not been forth coming with my father's full estate status. I have have seen two lawyers. One the first time and first year my father died to understand legally what his trust and will met with regard to my inheritance. The second lawyer because she threatened to take the land of which I didn't want her to do. This lawyer informed me that free of trust means I have ownership into this property and she can not do that. I just want answers to what my fathers full worth was with documentation to prove to me what I am supposed to receive. She and her husband whom my father put as back up trustee are being avoidance and not showing me everything. So that being the case I have called the court house and my fathers will has never been submitted. I have spoken again to the same attorney who said if I don't care about having a relation with my sister I could start proceedings now to have her brought into court for and accounting. According to him she has done several things incorrect in her judiciary duties of which I could possibly sue and take over and or take the estate. That is not what I want. I want her to be truthful and straight forth to my father's worth and belongings. My father pretty much left two other siblings out so she has 58 % I 40% and another sibling 2% and my brother 50$. Its sad but the original will I knew said nothing about this arrangement. In fact he changed it two more times. I want accountability . My brother n law all of the sudden wants to nit pic me for the electric and water I use while I am there in the summers, meanwhile he is using my inheritance to fix up broken fences, cattle's needs or house's needs and doesn't feel he needs to express to me the cost just to spend because they are keeping the farm sell ready for when the time comes. They are trying to force me to sign papers and change things without my seeing all the evidence of which I will not sign or agree to anything till I know all. They have threatened auctioning off the land and whole farm which they will be sued if they do so.Yes I want to remain a joint owner.
No I will not accept fair market value when I see and know that this town is about to boom.
Not sure about the attorney situation as yet we haven't delved deep yet. He only gave me knowledge of my legal rights of ownership and that no they could not do what they had threatened.
Expert:  socrateaser replied 1 year ago.

Due to the complexity of your issues, I don't believe that I can help. I will reopen the question for others to assist. Please do not reply to this note, as it may slow down the process of getting someone else engaged.

Best wishes with your legal dilemma and thanks for using Justanswer!

Expert:  Irwin Law replied 1 year ago.

Hello, another expert here and I will try to assist you with this complicated question. That is, if you still wish to keep this thread going. It might be better to move this discussion to direct phone contact, with our 'additional services' feature. Please respond if you are willing to continue here or not and I will send you my preliminary Answer. Thanks.

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