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Thomas McJD
Thomas McJD, Attorney
Category: Estate Law
Satisfied Customers: 3170
Experience:  Wills, Trusts, Probate & other Estate Matters
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My husband passed away 1 year and 3 mos ago and I believe

Customer Question

My husband passed away 1 year and 3 mos ago and I believe the attorney I had dropped the ball when transferring all my husband's assets into both of our names when he passed. Can I fight the trusts?
JA: What documents or supporting evidence do you have?
Customer: I believe the attorney did not file in time after signing papers so I have no copies. They just sent me an inventory this year to sign at the time of my husband's death, they put 1/3 of his hunting land with his brother's in a trust and the brothers and I closed in September 2016 and the check was made out to me and now claiming it was to go into an estate trust. My husband owned vacant farmland and now that is in a trust because they did not get the paperwork filed and it is all a mess right now. My husband and my wills left everything to each other we thought, not a trust. The attorney also lost our file for a while and that is why I think he dropped the ball in getting papers filed. The attorney arranged the closing of the farm land and then sent me a letter 12/29/16 saying those proceeds need to go to the estate checking account. We closed in September 2016.
JA: Anything else you want the lawyer to know before I connect you?
Customer: Can I break these trusts? I had no idea Probate was involved until they sent me a registered letter December 19, 2016, stating I needed to sign and notarize the inventory at the time of my husband's death 10/10/2015.
Submitted: 9 months ago.
Category: Estate Law
Customer: replied 9 months ago.
Why is this happening now after 1 year and 3 months ago he passed. Why did I receive notice today of the hunting land dated two days before the new year? How can I prove my attorney dropped the ball? I do have our wills but they state in trust and my husband and I did not want that.
Expert:  Damien Bosco replied 9 months ago.

Hello. My name is***** am an attorney. I will review your question. I may need to clarify facts first. I will answer & we can discuss issues.

Expert:  Damien Bosco replied 9 months ago.

It is unclear why you did not receive notice of the estate proceeding at an earlier date. Apparently, you are not the executor of your husband's will. It sounds like his brother was but it is unclear. It is also unclear how a trust was formed if no trust terms were listed in the wills. Possibly, you would want to speak on the phone to clarify the facts and discuss the issues. We can arrange it. There is an additional cost. But it could be easier to get to the bottom of this.

Customer: replied 9 months ago.
No thank you. I will talk to locals around here.
Expert:  Damien Bosco replied 9 months ago.

Okay. Good luck.