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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,

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my brother stole my parents Trust and my father couldn't update it because my mom is bedridden. we could not find out who the attorney is either?
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Partsmom. I just looked at our wills and it mentions in both wills if we both die that my daughters become beneficiaries.
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I have never had to probate a will, yet. But if this womans father died and there is a trust in her name, doesn't she deserve to know? Forget about how different wills work. She needs to contact the lawyer who drew up the will or her county probate office. Her mother is executor and her job is to adher to her husbands will.
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oregongirl, you're talking about your partner that in another post you were talking about then you said he ended up unexpectedly passing away, at least as soon as he did, right? but/so he hadn't already paid for his passing - burial, funeral, etc. then?
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Garden Artist. Yes, I agree. I misspoke. I am the Trustee and also the beneficiary. What I meant was everything he left me is spelled out in the Trust and in the Will. He signed me on as beneficiary for all investment accounts. I was told the way to avoid probate was to have a Trust. So that is what we both did. Whoever died first, became the Trustee and the beneficiary. But, to be safe, I am waiting until I know that I am not going to have any dispute on the Trust or Will. I just hate leaving money in the market at this time. But, I will trust that God will protect me as He is who is in charge, not the illegal play going on in our markets right now. Only people getting rich are the Financial Advisers. (what a name) I will call Monday to see what damage I suffered. I will live on my SS check until I hear the all clear.
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Joann, the problem with wills that name surviving spouse as beneficiary is that they might die at the same time--an accident or something like that.
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OG, the possessions do not become the property of the Trustee. He or she acts in a fiduciary capacity to distribute them as required by the trust, but he or she doesn't own them. If he or she is also a beneficiary, he/she has the same proportional rights as the other beneficiaries.
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Well, I was told that probate was not necessary as the Pour Over Will was tied to the trust. All items such as personal items, furnishings, everything they owned becomes the property of the Trustee named in the Trust. It should be so simple, except that the government will want their share. Until I know what will happen, I have everything in the Brokerage account, It is looses money that is not my fault. Even tho we all know it would be better at this time not to have any brokerage accts. I am assuming there will be disputes in the family hungry for proceeds. But, what happens will happen. My partner hid 6,000 for me to get through this time. It was not enough. Burial fees, HOA fees, house expenses. I have to budget carefully until I know the way is clear and I can begin to live on what he left me.
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Trust can change or cancel the trust.
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It is possible that there was a joint revocable trust that named you as the final recipient in case joint owners become deceased simultaneously. Uppn your fathers death, your mpther as joint owner to a revocable
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new2this...very frustrating and sad!
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I think a will is on file with the county and after death may be public. If not, I would think proof of his daughter would be enough to see it or find out who the lawyer is that wrote it and contact him.
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this certainly aplies to me too!
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My mother's 'Pour Over Will' held language stating that its main purpose was to bypass any probate process and that anyone that argued with her wishes forfeited their rights to anything they stood to inherit. The Trust then gave instructions on the specifics.

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."
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I better purchase Mr Hieser's book! Thanks!
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Joann, that's the way my parents wills were, except it was written into at least his - dad's, though think into mom's as well, but didn't matter since she went first - that if they were the last that then I got everything but since it went the way it did; well, actually it wouldn't have mattered because everything was in both their names anyway so really they wouldn't really have had to have a will for each other; they were really done for me; but as for me either would have had and dad certainly had access to their accounts after she was gone, so either could have done anything they wanted, which he just didn't and wouldn't have but she had already told me, expecting him to go first, that she did intend to make a new will changing the way things were going to be left and telling the person she told me she intended to leave things to, why they were so upset it didn't go that way.
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When a person dies, everything goes into probate--a Will shortens the process. Now if the deceased's wife has access to the bank account, it's a moot point. It is saddening you see how greedy people are when someone dies they circle like buzzards waiting for a piece of the pie. ALL of them do it.
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OG, yes, that's my understanding. The Pour Over Will has language linking it to the Trust.
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Our wills are if I go first DH gets all and visa versa. Once one of us is gone the survior will get a new will. At that time things will be left.
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Is it advisable to have a Pour Over Will along with the Trust?
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my fil's estate was not probated; mil made granddaughter, who she considered as a daughter, even though they never adopd her, her POA, closed out fil's safe deposit box, which supposedly younger son also had access to but in waiting until after funeral to use, by then when it went had all been done and had been told there were papers in it with instructions for him and things to be left to him but had been moved to new box in mil's a gd's name, with him having no access. They also went to the attorney to finish the drawing up of the deeds for all the kids, except he'd made sure they had theirs without telling mil and gd, so they couldn't find theirs
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In order for a will (with or without a trust inside the will) to be valid it must be "proved", i.e., "probated". That requires that the will be filed in the county probate court where the decedent was living. It is a public document and anyone--not just family or those named in the will--can go down to the probate court and have a look at the will and even request a copy be made for a nominal sum.
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.
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Marcolor......Unfortunately, we have to trust that the Will was carried out. If it was a Probate, you should be able to find something, but it does not sound to me that it was a probated estate. When my mom was dying her concern was that my siblings would be at the house at that very moment taking what she had wanted me to get. I felt so sorry for her. I trusted my siblings. For some reason, I was the Trustee until the last two weeks when my brother suddenly became Trustee. Well not to bore everyone, end result, I got a small financial piece but nothing in the way of my mom's precious items. My sister runs around with beautiful diamond rings and has no guilt in the matter. My brother will send me copies of photos of me growing up, but no originals from my mom's photo books. My husband wanted me to sue them, but I just put is aside and felt that God would take care of the matter. I did not need the added stress and I loved my mom SO much. I was alone with her and those were the most precious moments. I never saw the Will or the Trust.
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Your bio doesn't show your location, but I am guessing the UK? Your location guides any legal suggestions that may be of benefit to you. Your cousin's remark about a Trust Fund may be incorrect. Loosely used words can be misleading. Your father may have had a Trust, but that doesn't mean there was a Fund for you included. Also - Trusts can be changed. What your father may have done initially can be revised at a later date, so your cousin may have been speaking from past knowledge.

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.
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omg marcoloenzo...some of these answers are really ignorant and nosy!! I bet the people that are telling you to make your own money and it's none of your business probably stole money from someone's trust too!! lol of course you would want to get your trust if you had one...why wouldn't you??? I get it...my brother took my father's will and POA, which names me the person that handles that. My father has continually asked for my brother to bring back the legal paperwork...and now my brother never even comes over to see them! my father is worn out by this...and now I have to deal with it! i'm angry! i'll be checking answers to your question...and i'm checking with County Courthouse, Probate Court and consulting a lawyer. I also have been taken care of my parents for about 8 years now...and my poor mother is bedridden and has dementia!! People...they want all the money and don't help!!
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In America at least, what Garden Artist said about asking the probate court is a good idea. I'm surprised Mom won't let you see a copy of the will just to put it to bed for both your sakes. A lot of times it isn't the actual $'s that are important to the child, but more it is the one sweet, last thing, that the parent did because they loved you. Kind of like a last hug after the fact. I can't imagine Mom not understanding that you need that closure, either way.

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.
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It doesn't sound like the OP is in the United States, from the writing style.

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.
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marcolorenzo: check with your local courthouse. they will be able to tell you if a will must be filed with them. I found out that my father filed my mom's 'original' Will at our country court house when my mom died 21 years ago, LONG before hey had acquired certain properties and received two huge cash settlements. Even her original will had items and cash going to me and my sister. No idea what her new will stated. I found out that both mom and dad had new wills made after buying real estate and getting large lump sums of cash. He knowingly filed the old will and only told me and my sister 'no need to see the will, you mom left everything to me'.
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.
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Unless this Will/Trust were filed in the courts, you will have to take your mother's word for what it said. Let it go. Your cousin could be mistaken. The fact your mother is distancing herself from you is a big sign. Earn your own money and save it or spend it the way you want.
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maybe your mom is right--it is none of your business, especially if that's your biological mother and she was married to your father.
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