How much am I entitled to know about mother’s estate?

UPDATED: Sep 5, 2011

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How much am I entitled to know about mother’s estate?

I am named in my mother’s Will even though we have been estranged. She passed away last week in UT. Several things have been going on about which I have questions, but my main concern is that, according to some “spies” of mine, she asked on-line how to create a trust “to save the house” after mom took a turn for the worse. She has POA and this was more important to her than being with mom before she passed, and I was wondering if she could change the will or create a trust with POA to exclude me. She has also been removing items. Does the “house” include contents not stated in the Will?

Asked on September 5, 2011 under Estate Planning, Utah


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

If your mother passed away with a will in existence, it is subject to probate and will be a public document that you can review. The will is filed in the superior court's probate action. If there is a trust where you are a beneficiary under it, you are entitled to a copy of the trust just like you are entitled to a copy of the will if you are a benficiary under it.

A will speaks at death. The person holding the power of attorney for your deceased mother cannot change any will or trust of your mother. Under the laws of all states in this country, a person holding a power of attorney cannot change a will or trust of the person who gave the power.

As to who gets what under the will or trust as designated, your answer will be in the will's or trust's specific language as to which beneficiaries receive what items.


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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