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

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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

Answers:

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

Answered 3 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.


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