What can I do if my newly deceased stepmother put her house in a trust that does not include me,and this contradicts my late father’s Will?

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What can I do if my newly deceased stepmother put her house in a trust that does not include me,and this contradicts my late father’s Will?

I am an only child and my father passed away 4 years ago and left a Will that was signed by both my stepmother and dad. The Will would have split assets after the death of both my father and stepmother between my stepmother’s nieces and me. Since my father’s death I have found out my stepmother has put the house they lived in in a trust that does not include me. My stepmother is now deceased and there is very little left in the estate for any beneficiaries without this house. This was not my father’s wishes on the original will. Is there any recourse I have?

Asked on July 22, 2011 Pennsylvania

Answers:

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

Answered 10 years ago | Contributor

I am so sorry for your loss and for your situation.  I would strongly suggest that you take the Will and the trust document to an attorney in your area to read. I hate to say this but often when one of the spouses passes away the other spouse has the ability to make changes to the original plan, so to speak, that w as the original agreement between the parties when the Wills were drawn up and executed.  I fear that if all the assets passed to her at his death then she was free to do with them as she planned.  But I would no take this lying down.  I would seek help about contesting the distribution of the trust as it is.  Maybe if you make enough of a stink and the beneficiaries see that fighting will only deplete their share of the assets they will settle the matter with you.  Good luck.


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