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Barrister
Barrister, Attorney
Category: Estate Law
Satisfied Customers: 37882
Experience:  16 yrs estate law, real estate. Wills/Trusts/Probate
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My best friend had told me (and a few other people) that she

Customer Question

My best friend had told me (and a few other people) that she was leaving her care giver and me money when she passed and that her brother would be the trustee. I never received a copy and do not know the name of the attorney who drew up her trust. Her mother and brother are now telling the care giver and me that she left all her money to her nephews which we know is not true. What can I do? What do I do? Can the trustee distribute her trust any way he wants???
Submitted: 1 year ago.
Category: Estate Law
Expert:  Barrister replied 1 year ago.

Hello and welcome! My name is ***** ***** I will try my level best to help with your situation or get you to someone who can.

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If the friend left a trust, then the trustee has a legal and fiduciary duty to follow the terms of the trust. The problem is that trusts are entirely confidential documents and are not subject to being recorded anywhere in the public records. So the only way to prove its existence would be to file suit against the trustee of the trust under a breach of contract claim and force them to produce a copy of the trust. But relistically, if there is a trust leaving everything to the nephews, then the trustee shouldn't have any problem producing a copy of it because they would be in the right here in distributing the funds to the nephews.

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If they refuse to show you the trust documents, then that sounds fishy and would lend support to the idea that they are doing something improper.

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If this was a will, it is filed in the public records and the executor can't distribute assets to anyone other than who is named in the will..

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thanks

Barrister