What to do if my mother passed away unexpectedly before her mother and father and they had a revacable living Trust?

UPDATED: Apr 9, 2013

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What to do if my mother passed away unexpectedly before her mother and father and they had a revacable living Trust?

They had the Trust for 27 years. The 2 sons (my uncles) are successor trustees did not file grandpa’s probate (died 3 years before grandma) until grandma died last year. They said that they didn’t know they should have. Mom died 10 years ago. The Trust includes a farm of several hundred acres. The last year of grandma’s life they sold all her personal property and farm equipment at auction and it went to a payable upon death account to the surviving children (the 2 uncles). They refuse to account, disperse and they tell me I’m contesting the Trust and will be cut off if I seek legal remedies. One of their sons in living in the farm house rent free now for 4 years.

Asked on April 9, 2013 under Estate Planning, Ohio


Victor Waid / Law Office of Victor Waid

Answered 9 years ago | Contributor

You are strongly advised to seek probate litigation counsel to represent you in filing a petition into court to seek an accounting of the trust proceeds, particularly if you are a beneficiary. The no contest clause does not necessarily apply if your uncles/trustees have not complied with the terms of the probate law and the trust provisions. Was your mother a beneficiaryalso and as her issue were you included in the distributions? DONOTDELAY to seek probate litigation counsel, as your rights may be cutoff by statutory time limitations.

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