Estate Law

Estate law questions? Ask an estate lawyer.

Ask a Lawyer,
Get an Answer ASAP!

I am the trustee of my mom and dad's estate. The last one…

Customer Question
I am the trustee...

I am the trustee of my mom and dad's estate. The last one died just over 7 years ago. The trust has been settled but I was working with a trust that was not officially signed by my parents. Now one of the beneficiaries want's a copy to ensure she got her full share. what should i do

Lawyer's Assistant: Since estate law varies from place to place, can you tell me what state this is in?

Sorry, ca

Lawyer's Assistant: What documents or supporting evidence do you have?

The original trust, signed but amendment 1 and 3 are not signed and 2 was always missing.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

My sister and i are estranged and she has been diagnosed as bi polar. I was just trying to get her to sign over a quit claim deed that i bought from her 7 years ago. she contacted a lawyer in montana for advice and he wants to see copies of the trust, that probably isn't in effect because of the signiture problem. i have records of equal distributions over the cloaing of the trust

Submitted: 3 months ago.Category: Estate Law
Show More
Show Less
Ask Your Own Estate Law Question
Answered in 7 minutes by:
4/2/2018
Estate Lawyer: Barrister, Attorney replied 3 months ago
Barrister
Barrister, Attorney
Category: Estate Law
Satisfied Customers: 42,510
Experience: 17 yrs estate law, real estate. Wills/Trusts/Probate
Verified

Hello and welcome! My name is ***** ***** I am a licensed attorney and will try my best to help with your situation. There may be a slight delay in my responses as I type out an answer or reply.

.

This is kind of a difficult situation because if the trust wasn't signed, it isn't legally valid so all those assets should have gone into the estate to be distributed according to any will or default state law if there was no will.. But any beneficiary of a trust has a right to a copy of the trust once the grantor dies..

.

So at this point, if the trust says you split everything... and you did... then if they didn't have a will and you and sister are the only 2 children, you would split everything anyway... so there really isn't any difference in outcome..

.

You can refuse to give her a copy, but that will just get her more agitated because her attorney will convince her you are hiding something and then probably file suit to force you to deliver a copy.

.

.

thanks

Barrister

Ask Your Own Estate Law Question
Customer reply replied 3 months ago
It's been seven years since my mothers death. I have both wills, my dad's is unsigned, my mom's is signed. How long do I need to keep copies of the trust before they can be shredded? california
Estate Lawyer: Barrister, Attorney replied 3 months ago

Well, there is no specific amount of time if an estate was opened and then properly closed... and if the trust was property administered and closed..

.

But it sounds like you have a mix of things that were valid and others that weren't...

Ask Your Own Estate Law Question
Estate Lawyer: Barrister, Attorney replied 3 months ago

Hello again,

.

I just wanted to touch base with you and check in.

.

Did you have any further questions I can help with?

.

.

Thanks much

Barrister

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 Barrister Your Own Question
Barrister
Barrister
Barrister, Attorney
Category: Estate Law
Satisfied Customers: 42,510
42,510 Satisfied Customers
Experience: 17 yrs estate law, real estate. Wills/Trusts/Probate

Barrister 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

42,510 satisfied customers

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

RayAnswers

RayAnswers

Attorney

5,579 satisfied customers

Texas lawyer for 30 years in Estate law

Infolawyer

Infolawyer

Attorney

5,133 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

1,514 satisfied customers

Experienced in multiple areas of the law.

P. Simmons

P. Simmons

Attorney

1,209 satisfied customers

12+ yrs. of experience including estate law.

< Previous | Next >

Related Estate Law Questions
I'm almost ashamed to have to write all this but I am
I'm almost ashamed to have to write all this but I am bothered by it.. My brother, without talking with me or my sister, recently, had my Mom and Dad's Trust changed, with my Mom and Dad. Where my Dad… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
My dad has a revocable trust, wants to change beneficiaries.
My dad has a revocable trust, wants to change beneficiaries. Told it was very expensive, should do a regular will now that mom was deceased. What do you think?… read more
Barrister
Barrister
Attorney
42,510 satisfied customers
What is the statute of limitations to file a claim of trust
what is the statute of limitations to file a claim for breach of trust in Utah? what does termination of beneficiaries interest mean? does there need to be a notice of report from the trustee to have … read more
RayAnswers
RayAnswers
Attorney
Doctoral Degree
5,579 satisfied customers
We are five siblings with a mother who is dying. The middle
We are five siblings with a mother who is dying. The middle brother is the executor of the living trust and has power of atty. over my mother. They all live in the Cleveland area and I am in Sonoma, C… read more
RayAnswers
RayAnswers
Attorney
Doctoral Degree
5,579 satisfied customers
I am the beneficiary of a special trust in Kansas and am
I am the beneficiary of a special trust in Kansas and am preparing to have a trustee replaced for breach of fiduciary... My question is regarding another trust that this particular person is also a tr… read more
RayAnswers
RayAnswers
Attorney
Doctoral Degree
5,579 satisfied customers
Does the IRS check the beneficiaries records before the estate
does the IRS check the beneficiaries records before the estate closes. what if your spouse has taxes owed? how do judgements find out when a trust is closing… read more
Irwin Law
Irwin Law
Juris Doctor JD
7,175 satisfied customers
My step-mother was married to my father 10 years. My Dad passed 10 years ago. Pr
My step-mother was married to my father for about 10 years. My Dad passed 10 years ago. Prior to marrage my Dad had a living trust with me as the beneficiary & my 1/2 sister as delegated by me. Right … read more
Barrister
Barrister
Attorney
42,510 satisfied customers
My mom & step dad signed the only asset (their house) into
My mom & step dad signed the only asset (their house) into an irrevocable trust leaving half to his 2 children & half to mom's 4. Mom is going broke & wants to move. Is there anyway to do this as fund… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
I am the beneficiary with my brother of an irrevocable family
I am the beneficiary with my brother of an irrevocable family trust,my mother did not get along with the trustee who had been appointed by my father,so she made herself the executor,she is going on 88… read more
P. Simmons
P. Simmons
Attorney
Doctoral Degree
1,209 satisfied customers
My brother was my dads Power of attorney when my mom died
My brother was my dad's Power of attorney when my mom died 8 years ago. When that occurred dad began drinking more often. Unfortunately, all of us siblings and dad trusted my brother who was handling … read more
John Legal
John Legal
Doctoral Degree
3,418 satisfied customers
I am the executor of my mothers estate. Most of the estate
I am the executor of my mother's estate. Most of the estate was in a revocable trust at the time of her death last August. She had $30,000 in HH bonds that were designated for me. She took them out of… read more
TJ, Esq.
TJ, Esq.
Juris Doctor (JD)
11,421 satisfied customers
Parents have a Colorado Living Trust which upon death of 1st
Parents have a Colorado Living Trust which upon death of 1st spouse is to be split 50/50 (up to tax benefit) into Spouse Trust & Irrevocable Family Trust. Family Trust lists adult children as benefici… read more
David L
David L
Doctoral Degree
1,604 satisfied customers
can succesor trustee gift $12,000 to herself and sister yearly,.
can succesor trustee gift $12,000 to herself and sister yearly,. who are beneficiares, not spend it yet keep it in another joint trust by both daughters and use it if need arises to take care of demen… read more
John Legal
John Legal
Doctoral Degree
3,418 satisfied customers
My Mom and Dad have an AB Trust, My mother passed away almost
My Mom and Dad have an AB Trust, My mother passed away almost 3 years ago. Now my Dad has a girlfriend and I received a letter today with a letter to sign that says "Beneficiary Consent to Revocation … read more
lwpat
lwpat
Doctoral Degree
256 satisfied customers
My Mother has a Living Trust set up in CA.. She no longer
My Mother has a Living Trust set up in CA.. She no longer lives there (Lives in OR), and the main asset, her house (CA) was sold. She wishes to create a new LT or Will here in OR., also making changes… read more
Barrister
Barrister
Attorney
42,510 satisfied customers
I have a valid signed trust referencing a possible unsigned
I have a valid signed trust referencing a possible unsigned amendment entitled "Directive to Successor Trustee" with assets handwritten but is dated the date of the trust though an asset to one benefi… read more
socrateaser
socrateaser
1,031 satisfied customers
Dad and Mom have a Trust. Mom passed a couple weeks ago, Dad
Dad and Mom have a Trust. Mom passed a couple weeks ago, Dad has made some recent amendments to 'his' half of the Trust (change bene and Trustee)... he lives in our home in Nevada. Now that mom passed… read more
Irwin Law
Irwin Law
Juris Doctor JD
7,175 satisfied customers
our father had a family trust/will, and living will set up.
our father had a family trust/will, and living will set up. naturally his current wife was successor. he passed away . . it was set up that she would live comfortably on the estate monies but that whe… read more
VanDLaw
VanDLaw
Juris Doctor
4 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