What are my rights regarding my late father’s Trust?
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What are my rights regarding my late father’s Trust?
My step-dad passed away in late last month. His Will that states that I am the Executive of the will. My step-sister told me yesterday that he had a family trust. Stating she is the Trustee and her sister is the Successor. The trustee told me that I was not mentioned in my step-dad’s family Trust. He raised me from a girl and we were very close. I am confused. Do I have any legal rights?
Asked on December 19, 2013 under Estate Planning, Alaska
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 10 years ago | Contributor
A trust is like a contract, in that it is governed by the terms of the documents creating it: if you were not mentioned as a beneficiary of the trust, then you would have no rights to it, regardless of family relationship, personal history, etc. If you do not believe your step-sister and think she may be hiding something from you--such as that you do receive something from the trust--speak with a trusts and estates attorney about how to proceed.
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