How can a co heir to an estate find out if it’s in a trust?

UPDATED: Oct 1, 2022

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How can a co heir to an estate find out if it’s in a trust?

My mother passed away in September 2017,
my sister refuses to divulge an
information pertaining to the estate
other than an email attachment from an
attorney which wasn’t filed yet
according to the attorney who sent it I
have requested on numerous occasions
paperwork any and all pertaining to the
estate and it’s assets, they refuse My
sister says she’s in control of the
estate and it’s none of my business
Please help Thanks

Asked on February 28, 2018 under Estate Planning, Massachusetts


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

Answered 5 years ago | Contributor

I am so sorry for your los and for the situation as it stands.  You Sister can not act on behalf of the Estate until she is appointed as its fiduciary.  You can check the Court for the filing of the Will.  It is a public record.  If you looked at the deed recording and it is not held in the name of the Trust it could be that the Will provides for a "pour over" if MA law allows.  That is a provision in the Will that allows assts not placed in the Trust to "pour over" once the decedent passes. MA has strange property laws.  I would strongly suggest that you seek legal help here and hire an attorney to send her a letter on your behalf and consider filing for probate yourself if there is no Will or your sister refuses to file it.  You may also be able to compel her to do so.  Good luck.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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