What can I do if my dad passed away when I was 6 and now that I’ve passed my 25th birthday, I think that I’m entitled to Trust money?

A few years ago when I was talking to his mother, she told me that I was to receive money on my 25th birthday. Well, her and I no longer speak, and that birthday has came and gone, with no money received. I am assuming she is the estate holder and since we don’t talk I am trying to find out how do I go about getting this money without having to deal with her? I have plans on getting his death certificate, because I read that is the only way the probate court will look into his will for me. But, if it isn’t listed in the will, then it must be in a trust, right? I’m not against hiring an attorney, just want to know if they’re able to help me get the money without me having any contact with her.

Asked on July 15, 2015 under Estate Planning, Michigan

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

I am so sorry for your loss and for the situation.  If your Dad had a Will and the Will was probated then you can look at the Will and the probate file anytime.  It is a public record.  It may create the trust you speak of in the Will itself.  Now, if there was no probate and there is a Trust, that is not necessarily filed in Probate Court and are not public records but there are tax returns and accountings that need to be filed.  If, however, your Grandmother is the Trustee you will have no choice but to deal with her.  But sonce you are not adverse to hiring a lawyer he or she can do the contacting for you.  Good luck.


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