Estate Law

Estate law questions? Ask an estate lawyer.

Ask a Lawyer,
Get an Answer ASAP!

My father in law setup a trust wife as benificary. A

Customer Question
My father in law setup...
My father in law setup a trust for my wife as benificary. A stipulation was that my mother in law would get the payments made off of it u til her death and then it would go to my wife. Its a Franklin Fund. We have seen the binder he kept on several ocassions as he wanted my wife to know how it was doing. My FIL died in 2008, my MIL in 2014. My sister in law has refused to give the binder to my wife saying she doesn't have it. It was always kept with all of my in laws banking stuff. I need to know how can we force her to give it up, can we have a search warrant issued to search the house? Probate was no help as a trust has nothing to do with probate unless specifically in the will, so the court said. Where do we go from here?
Submitted: 2 years ago.Category: Estate Law
Show More
Show Less
Ask Your Own Estate Law Question
Answered in 6 minutes by:
1/29/2016
Estate Lawyer: Legalease, Attorney replied 2 years ago
Legalease
Legalease, Attorney
Category: Estate Law
Satisfied Customers: 16,440
Experience: 15 yrs experience: Elder Law, Wills, Social Security Issues
Verified

Hello there -

-

You have already made a request to the probate court to force disclosure of this binder document and the court refused to assist because it is a trust situation ?

-

MARY

Ask Your Own Estate Law Question
Customer reply replied 2 years ago
There was other estate assets that went through the probate. The trust was never listed (my sisiter in law was executor) and my sister in laws attorney said it was the first she had heard of the trust fund. The court said it had no say so over trusts because it is a private contract. So they basically didn't even go any further with it. Said get a hold of an attorney to seek my wife's options.
Customer reply replied 2 years ago
My father in law banked at US Bank. So we went in to explain the situation to see if he set it up there. They refused to tell my wife anything. Can she petition the court to get some kind of power to walk back in there to make them check? Or is she just screwed and give it up?
Estate Lawyer: Legalease, Attorney replied 2 years ago

Hello again --

-

The bank will not do anything without a court order and because your wife was not an executor, it makes the situation difficult. What your wife needs to do at this point is sue the estate as a beneficiary for an accounting claiming that she is not and has not received her full portion of her inheritance as set forth by the decedent. At that point the court should at least look into the trust issue privately to determine whether or not there is anything there that your wife might be entitled to. Unfortunately, to do this you will have to hire an estate lawyer and file a motion for an accounting on the estate and a claim to her full inheritance as a beneficiary (she must claim she is being deliberately short changed by the estate). I wish I could give you an easier way to do this, but there is no other way unless her aunt will give up the information. In the face of a full lawsuit against the estate, she just might enter into a settlement agreement with your wife which includes full disclosure on the trust.

=

Please let me know if you have any further questions. If not, can you please press a positive rating in the ratings section above these message boxes so that I will be paid for my time. I am paid nothing unless you press the middle star, the fourth star or the fifth star on the right in the rating section. Doing so will not cost you any additional money -- it simply acts as the trigger to Just Answer to pay me for my time today. THANK YOU VERY MUCH

Ask Your Own Estate Law Question
Was this answer helpful?

How JustAnswer works

step-image
Describe your issueThe assistant will guide you
step-image
Chat 1:1 with an estate lawyerLicensed Experts are available 24/7
step-image
100% satisfaction guaranteeGet all the answers you need
Ask Legalease Your Own Question
Legalease
Legalease
Legalease, Attorney
Category: Estate Law
Satisfied Customers: 16,440
16,440 Satisfied Customers
Experience: 15 yrs experience: Elder Law, Wills, Social Security Issues

Legalease is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

My husband has been driving me insane with questions regarding estate issues since his mother died. I'm not a lawyer! Thanks to JustAnswer, I was able to calm his concerns.

Loretta TIllinois

Thanks Adam!! - A very direct and understandable response - you have been a great help!

Happy CustomerEllicott City, MD

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

< Previous | Next >

Meet the Experts:

Thomas McJD

Thomas McJD

Attorney

3,170 satisfied customers

Wills, Trusts, Probate & other Estate Matters

Barrister

Barrister

Attorney

5,908 satisfied customers

17 yrs estate law, real estate. Wills/Trusts/Probate

RayAnswers

RayAnswers

Attorney

5,629 satisfied customers

Texas lawyer for 30 years in Estate law

Infolawyer

Infolawyer

Attorney

5,145 satisfied customers

Licensed attorney helping individuals and businesses.

Ely

Ely

Counselor at Law

1,867 satisfied customers

Fully licensed attorney in Texas in private practice.

RobertJDFL

RobertJDFL

Attorney

1,522 satisfied customers

Experienced in multiple areas of the law.

P. Simmons

P. Simmons

Attorney

1,215 satisfied customers

12+ yrs. of experience including estate law.

< Previous | Next >

Related Estate Law Questions
My father-in-law died yesterday in Indiana. A POA was named
My father-in-law died yesterday in Indiana. A POA was named in 2014 (cousin). How do we find out the current Executor. How is Probate initiated. Thank you.… read more
TaxAttorneytoHelp
TaxAttorneytoHelp
Owner
Doctoral Degree
2,542 satisfied customers
My father-in-law was the beneficiary of a living trust by
My father-in-law was the beneficiary of a living trust by his sister in 2004. In 2009, he passed away and my husband is his sole beneficiary. We are trying to get a copy of this trust so that we can s… read more
Barrister
Barrister
Attorney
Doctoral Degree
5,908 satisfied customers
My mother in law has recently passed. In 2006 there was a
My mother in law has recently passed. In 2006 there was a errevokable trust set up for mineral rights which is on-going fine. … read more
Barrister
Barrister
Attorney
Doctoral Degree
5,908 satisfied customers
My Mother in law passed away recently and she did not
My Mother in law passed away recently and she did not mention anything about her deceased husband's (my husbands father) assets that she received when he passed away four years ago. She made it clear … read more
Barrister
Barrister
Attorney
Doctoral Degree
5,908 satisfied customers
My Father in Law passed away this morning, His wife is still
My Father in Law passed away this morning, His wife is still alive but she is incapacitated due to dementia,My FIL and his wife both have durable power of attorney's although they are dated 1995 and t… read more
LawGuy
LawGuy
Juris Doctor
123 satisfied customers
My father in law and his bothers son (nephew) are the heirs
My father in law and his bothers son (nephew) are the heirs to an estate entering probate. My father in law has helped his brother (who's deceased) and nephew, and their entire family financially for … read more
Barrister
Barrister
Attorney
Doctoral Degree
5,908 satisfied customers
My MIL and FIL passed away this year. My FIL passed away in
My MIL and FIL passed away this year. My FIL passed away in May and did not have a will so everything went to my MIL who passed away in Sept. My BIL is the administrator/ executor of both estates. He … read more
CalAttorney2
CalAttorney2
Attorney
Doctoral Degree
8,845 satisfied customers
How would we know if my mother-in-laws was being probated?
How would we know if my mother-in-law's was being probated? My sister-in-law is not allowing us contact or visitation and we are not likely to know when she dies.… read more
Barrister
Barrister
Attorney
Doctoral Degree
5,908 satisfied customers
trust issue, title on home issue. Both parties are now gone
My father in law died about a month ago. Very suddenly. He owned a home, however he lived with his girlfriend of 10 years. My FIL had been married, and his wife died 9/2000. At some point before her d… read more
DamienJD
DamienJD
Attorney
Doctoral Degree
5,358 satisfied customers
My MIL and FIL were getting ready to go into Assisted Living.
My MIL and FIL were getting ready to go into Assisted Living. Prior to that they put their house into both their daughter and sons name as the daughter told them they had to to qualify for the VA bene… read more
originallawyer
originallawyer
Attorney at Law
Doctoral Degree
905 satisfied customers
In his will, my father-in-law named my wife executor of his
In his will, my father-in-law named my wife executor of his estate. She has not yet been formally appointed as executor by a court. Her siblings (who will be beneficiaries) are trying to interfere wit… read more
Lawyer Lori
Lawyer Lori
Attorney
JD - Attorney
187 satisfied customers
Hello, My wife is the executor of her grandmothers Will and
Hello, My wife is the executor of her grandmothers Will and Revockable Trust. The grandmother passed away in September 2010. Prior to her death she gifted/transferred a a family vacation home to my wi… read more
lwpat
lwpat
Doctoral Degree
256 satisfied customers
I am looking into an irrevocable trust for myself and husband
I am looking into an irrevocable trust for myself and husband to make certain that our daughter receives the estate but not all at one time. Basically we need to make certain that she gets enough to t… read more
David L
David L
Doctoral Degree
1,604 satisfied customers
About 12-15 years ago my parents went to an attorney to put
About 12-15 years ago my parents went to an attorney to put together a family living trust. I am the oldest of three children and named in the trust as the executor. In 2004 my dad passed away leaving… read more
LawGuy
LawGuy
Juris Doctor
123 satisfied customers
This is for my son as he doesnt use a computer. His deceased
This is for my son as he doesn't use a computer. His deceased father in law named my son's wife as the inheritor of his home. She didn't know this. She and my son have lived in this home for MANY year… read more
Daniel P.
Daniel P.
Managing Attorney
Juris Doctor
2,741 satisfied customers
My brother in-law inherited my in-laws house, he was the executor
My brother in-law inherited my in-law's house, he was the executor and he probated the will two years after my mother in-law died and left him the house. She left the house, but all her personal and t… read more
Barrister
Barrister
Attorney
Doctoral Degree
5,908 satisfied customers
California My sister-in-law wrote several living trusts for
California: My S-I-L wrote several living trusts for my 89 y/o father-in-law over the years. She is also the executrix as well as a 1/3 heir to the estate. The property was not transferred into the tr… read more
lwpat
lwpat
Doctoral Degree
256 satisfied customers
My father in law had alzheimers & was moved to the SILs house
My father in law had alzheimer's & was moved to the SIL's house ( 1 of 2 daughters) , although he did not want to move & have his money being used for the 200k+ addition to the SIL's house ( which inc… read more
legallysound
legallysound
Attorney
Doctoral Degree
1,324 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x