Estate question

[Anonymous]

I have two older half-siblings with their own assorted spouses/partners and kids. I'm the only child of my mother and father.

My Dad passed away about thirty years ago, and had set up a trust for my Mom to live on. Once she passed away, the resources of the trust were supposed to flow to my half-siblings and myself, in equal (1/3) shares. This despite the fact that their Mom was a shrew, and they were also really mean toward my parents and me.

My Mom lived a full life, and I was able to benefit from some of that money. I was her only son, and it was her right to spend on me as she saw fit.

Now she passed away before we could use up most of the money. The trust holding the money is looking to distribute the funds, but they can't locate an original will from my Dad's estate (since my Dad passed away in the early 1980s). I don't have anything discoverable, so this means the estate would go forward to probate court.

If this goes to Probate Court, don't the resources flow to me as my Mom's only blood descendant? I also have a will from Mom herself that designates me as sole beneficiary. Would that be enough to have the estate flow from my Dad to my Mom, and then from Mom to me without my siblings getting their hands on any of it?

[Anonymous]

It depends on the state. What state are you in?

[Anonymous]

You mind find the litigation costs end up being more than the value of the assets. I would do what your father had intended, because it is the right thing to do, and money obtained in this way will bring no joy.

[Anonymous]

Anonymous wrote:You mind find the litigation costs end up being more than the value of the assets. I would do what your father had intended, because it is the right thing to do, and money obtained in this way will bring no joy.

Money to fight is not an issue. My wife's Dad is a senior partner in a large civil firm. He can assign a couple of associates to this and paper my half-siblings to death. He's happy to do so because the inheritance would benefit his daughter and grandchildren.

[Anonymous]

Just do the right thing and slit it the way it was designated to be done! Do you hate your half siblings and want to never see them again? Do you feel entitled to the money that you didn't earn? People like you are really gross and you should take a long look in the mirror before bashing your half dibling or their mother!

[Anonymous]

Anonymous wrote:

Anonymous wrote:You mind find the litigation costs end up being more than the value of the assets. I would do what your father had intended, because it is the right thing to do, and money obtained in this way will bring no joy.

Money to fight is not an issue. My wife's Dad is a senior partner in a large civil firm. He can assign a couple of associates to this and paper my half-siblings to death. He's happy to do so because the inheritance would benefit his daughter and grandchildren.

OP here--forgot to add that my Dad has no problem writing off the time, as it gives new associates an opportunity to cut their teeth.

[Anonymous]

You sound like a crappy person. And none of this makes sense. What docs has the trust been operating under this whole time? Those are the only ones that should matter.

[Anonymous]

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:You mind find the litigation costs end up being more than the value of the assets. I would do what your father had intended, because it is the right thing to do, and money obtained in this way will bring no joy.

Money to fight is not an issue. My wife's Dad is a senior partner in a large civil firm. He can assign a couple of associates to this and paper my half-siblings to death. He's happy to do so because the inheritance would benefit his daughter and grandchildren.

OP here--forgot to add that my Dad has no problem writing off the time, as it gives new associates an opportunity to cut their teeth.

Your dad or your wife's dad? You gave yourself away, OP.

[Anonymous]

yep, troll, I am afraid.

[Anonymous]

OP--sorry, meant FIL. I really don't care what you think about motivations; my job is to provide my family the best life I can. That's myself, my wife and my kids.

[Anonymous]

Anonymous wrote:OP--sorry, meant FIL. I really don't care what you think about motivations; my job is to provide my family the best life I can. That's myself, my wife and my kids.

Then work for your own money, don't steal it from your siblings! How pathetic!

[Anonymous]

Anonymous wrote:

Anonymous wrote:OP--sorry, meant FIL. I really don't care what you think about motivations; my job is to provide my family the best life I can. That's myself, my wife and my kids.

Then work for your own money, don't steal it from your siblings! How pathetic!

Set aside your moral judgment. Will I wind up with the money, with my father's original will (setting up the trust) gone?

[Anonymous]

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:OP--sorry, meant FIL. I really don't care what you think about motivations; my job is to provide my family the best life I can. That's myself, my wife and my kids.

Then work for your own money, don't steal it from your siblings! How pathetic!

Set aside your moral judgment. Will I wind up with the money, with my father's original will (setting up the trust) gone?

Ask your FIL, dummy.

[Anonymous]

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:OP--sorry, meant FIL. I really don't care what you think about motivations; my job is to provide my family the best life I can. That's myself, my wife and my kids.

Then work for your own money, don't steal it from your siblings! How pathetic!

Set aside your moral judgment. Will I wind up with the money, with my father's original will (setting up the trust) gone?

How come your fil hasn't figured it out for you?

[Anonymous]

Who has been the administrator of the trust? that person should be able to testify as to the terms in the absence of the original will.

If it was you - are you prepared to perjure yourself? Because you are well aware of your father's intentions and the provisions of the trust. You'll have to lie, under oath in court, to get around it. And anyone else who knows the terms of the will (your wife?) Would also have to commit perjury.

You keep mentioning the lack.of an original will. Is there a copy? How was the will not made part of the probate record when your father died? The original will is not necessary. If there is evidence that something is an accurate copy, that will suffice.

Also, there should be trust documents beyond the will which establish the terms. The trust exists. Not like a.court will ignore that just because the original will establishing the trust is gone.

Who prepared the will? They can testify to its contents.

On the whole, I think it's likely that you'll lose and you run the risk of getting into additional trouble for perjury. You could end up paying your siblings' attorney fees, etc. For me, would not be worth the risk.

I don't see how the fact that your siblings' mom was shitty is relevant. This was your father's money and I gather these are his kids too?