My Father passed away 2 years ago and my mother and her friend handled his will by themselves. I have never seen the will and have been told on many occasions 'its none of my business'. My cousin (who is mature and not one to stir the pot) has told me that my father told him, that I have a trust fund. My mother denies this and has told me I haven't been left anything. I'm not sure how to go about this. She has been acting very odd and distanced herself from the whole family after my dads passing. I've been trying to research the facts and so forth but I'm not having the best of luck. Is there anyway my mum is being dishonest carrying out the will by herself instead of a solicitors (she isn't trained in the slightest about this industry).
Or is there anyway I can find out for certain if I have been left a trust fund?
If you are able to help me I will be grateful,
Kind Regards,
I'm wondering why your cousin would have been told by your father that you had a trust fund, but your father didn't tell you. I assume you were on good terms with your father? When did your cousin tell you this?
Have you checked with the local county Probate Court to determine if any will was filed on behalf of your father? If so, see if you can get a copy; read it and look for terms of "pour-over" and "trust". If there was a trust, the will should mention that it was created in conjunction with a trust document.
If there is a filed will, and no mention of it in the trust, then either there isn't one or the will was one of those on-line boiler plates or drafted by someone who wasn't a competent estate planning attorney.
Sometimes (in the US) estate planning documents are prepared on "pleading paper", with the name of the law firm vertically on the left hand side. If there's any such name, contact the law firm. They might or might not provide any information, depending on the firm and the situation (i.e., if there is a trust, and you're addressed in it, they might tell you because of your inherited interest).
Without prying, did your father has extensive assets, and/or are you in need of special funding, such as a special needs trust for medical issues? Was he caring for you prior to his death because of any such medical needs?
What assets did your father have? Did your mother dispose of them? What caused the friction with your mother? It seems as though there are some family dynamics at play here because they are affecting open and clear communication between the two of you - I'm not blaming anyone, just stating the obvious "elephant in the room."
What about living arrangements and otherwise family communication status? Are you regularly in contact with your mother on other issues or has there been the friction( to which you alluded) for some time?
I'm assuming by your use of "mum" and "solicitors" that you're in the UK, or country which similarly uses those terms. The legal situation and who you might contact to determine if a will was filed may be different, so hopefully our friends to the North and across the Big Pond will offer more specific information on post-death proceedings in your country.
I found out too late after my dad accidentally said something about new wills being made. Statute of limitations had run out by then.
And I want to STRONGLY point out that this was your DAD's will, not your mom's will to do with what she pleased.
If you were left anything, even a token watch, a ring, a special coffee mug, it doesn't matter, because anything you dad's Will said was for you, then it is YOURS by rights.
That Will is HIS final wishes, not hers to determine yes or no.
Years later I confronted my dad and asked 'why did you lie to me and my sister? why didn't you honor your own wife's Will, why didn't you give us what mom wanted us to have?' and he simply said "Because I wanted it ALL".
For a spouse to knowingly disregard a deceased spouse's final Will is to disrespect those last wishes.
It is not for them to choose, that is WHY there is a Will.
I hope you get to the bottom of this quickly.
Not sure about your area, but a Will filed at our court house is public information and you only pay a small fee for a copy of the Will.
If you know your dad's attorney, get in touch and ask. They may know if they drew up the Will for him.
Normally in the US you could easily find this out. Those mentioned in the will/trust are notified as well. It's up to the executor to get them what they're entitled to. For example, if you're left $10,000, you're notified and you get the $10,000.
The cousin could be just talking.
Maybe there was a trust at one time that ended up getting used for your Dad's expenses or care along the way instead. Like a "revokable trust", I think the person who sets that up can also take $ out. I am supposedly on some sort of revokable trust of my Father's. I don't expect to see a cent though. He married a lady we hardly know in a different part of the country, she never comes back with him to visit family. He's made a ton, bought her a beautiful new paid for house, new car, cash, has a pile in savings, added my Grandparent's pretty healthy estate to that a year or so ago. They set up a trust with all my family's $, for me, and her 4 grown kids, (who I've never met), to divide equally. This is going to take place after he goes, and then she goes. Isn't that special? :-) This whole thing was cooked up right after my Dad had a brain bleed from a car wreck, he doesn't think right anymore, and she knows it. So at least I know my Dad didn't leave me out on purpose, which will help when the time comes. It would really hurt to think that he didn't think of me when I am missing him. I sure hope you find out something.
Almost wish there were a national "prepare you will, pass out several copies" day. :-) Would sure save a lot of grief if everything was above board and common knowledge for all involved. Take Care.
Unfortunately, if your mother (and her friend?) aren't cooperating, and you don't know the name of the solicitor/attorney involved; the information you want will be difficult to get.
Once you have a copy of the will in hand, read it and see exactly what if anything you were left. If the language is too hard to read, you may need to find an attorney to help interpret it for you.
My understanding, as the attorney explained it is that - by drawing up a Revocable Living Trust; you bypass the lengthy probate process. States can differ, but generally speaking - below taken from 'legalzoom'
"A testator transfers assets to the trust during his/her lifetime and is generally the trustee, retaining control over the assets, but technically the trust owns them. Therefore, when the trustee dies, there is no need for probate because the owner of the assets -- the trust -- remains “alive.” However, this is only a viable option when all assets are transferred to the trust. Probate would still be required to transfer ownership of any items/property that are overlooked or omitted."