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Richard, Attorney
Category: Estate Law
Satisfied Customers: 55318
Experience:  29 years of experience practicing law, including tax and estate planning.
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Kentucky Residents. My Wealthy sister passed away about 6

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Kentucky Residents. My Wealthy sister passed away about 6 months ago. Before she died she told me that her siblings and their siblings are in the will. In her last days she told me several time " I am going to take care of my family." The probate office told me there is a certain amount listed for probate and the trust is to be carried out as specified. My brother and I have heard nothing about a will or trust inheritance from her husband. She and her husband usually give us a monetary Christmas gift every year. Should we have been notified by now or is there some way she may have wanted keep us from being notified until Christmas. Her husband had her sign some papers 2 days before she died. Could her husband have had her sign papers changing the terms of the trust.
Submitted: 9 months ago.
Category: Estate Law
Expert:  Richard replied 9 months ago.

Hi! My name is Richard & I will be helping you today! It will take me a few minutes to type a response to your question. Thanks for your patience!

Expert:  Richard replied 9 months ago.

Hi Teana. Your sister's estate and her assets are not her husband's personal piggy bank. If hhe doesn't produce the will and cause it to be filed for probate, usually within 30 days of the date of your sister's death, you can file your own petition with the court asking the court to order it produced and file. Once filed it becomes public record and you can contact the clerk of the county probate court for directions on how to access a copy of the will.

And, if the will was changed close to her death and it changed the terms of the will to exclude you and your siblings, then you can contest the new will by showing one or more of the following: lack of requisite mental capacity, coercion, duress, mistake, fraud, and/or undue influence. Although you have the burden of proof, given such facts, most courts would rules in your favor and throw out this new will.

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Customer: replied 9 months ago.
We went to the probate office. The document reads $700,000 dollars in probate the rest in a trust and the trust was to be carried out as specified. I am wondering is we could be listed some way and not notified. If we were in a Residuary clause were we would not receive notification,
Expert:  Richard replied 9 months ago.

Thanks for following up. You will also want to make sure: i) the trust document was not changed prior to your sister's death; and ii) that what would otherwise be probate assets were not transferred to the trust in proximity to her death. I would demand that the husband produce all this documentation and information to you. Let him know that if he fails to do so, you won't have any choice but to file a petition with the court to order it produced. And, yes, if you were included, you should have been notified.

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