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?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
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 12 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.
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 AttorneyPages.com 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.