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Irwin Law
Irwin Law, Attorney
Category: Estate Law
Satisfied Customers: 7415
Experience:  30+ yrs. handling probate estate, wills, trust, inheritance & real estate related matters
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My uncle told me that my brother and I were in s will 10th

Customer Question

My uncle told me that my brother and I were in his will for a 10th of what was in the Flo Mizel Trust when he died. His son the executor did not follow through with his father's wishes and only gave us $50,000 not what my uncle intended which was more like one or two million. I think the trust had 20 or 30 million in it at the time of his death. He never sent a copy of the will with the $50,000 we received. He by passed probate with a living trust so there is no copy of the will anywhere. How can I prove that my uncle had in his will what he told me?
Submitted: 1 year ago.
Category: Estate Law
Expert:  Irwin Law replied 1 year ago.

How can I prove that my uncle had in his will what he told me? The will should have been probated and an estate opened in the County of residence shortly after your uncle's death. Trusts are different. They are generally not recorded in public records, nor are they subject to probate court administration after the death of the main trust beneficiary. In your case that was apparently Flo Mizel. That is the reason that you cannot find it. Unless you know who the trustee was, there is no way for you to find out anything about it. The only thing you can do is request, or even sue for an accounting from your cousin, who was the executor of your uncle's estate. He may know about the Mizel Trust. If your uncle died in 2005, and flow died before him I presume, then you're going to have a very difficult time obtaining any kind of information at this late date. I suggest that you employ a probate attorney in Tulsa, if you haven't done so already.