Reply to Have you been deemed "Executor" and/or Beneficiary of a will and/or trust (for a parent)?

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Reply to "Have you been deemed "Executor" and/or Beneficiary of a will and/or trust (for a parent)? "

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[quote=Anonymous][quote=Anonymous]Are you named in the will? Did your parent leave everything to your brother and specifically say that the other siblings were to get nothing or just a small bequest?

In my family, older relatives have given certain household and personal items to their children before they died so that that there was no confusion after death. Things like jewelry, china, silver, rugs, photos and family papers. My grandparents gave things to their kids ahead of time and that generation is now starting to hand things on to my generation. This way, the older person has the peace of mind of knowing that their belongings are being cared for by those that love them. Is it possible your father gave things to the brother in advance thinking to avoid problems after his death?
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I don't know.  There is a trust - doesn't that "cancel out" or "protect" (help me with the verbiage here) the will?  In other words, I am given the impression that the brother was trusted to do the right thing - at least, the parents wanted the attorney to believe that the brother had everyone's best interests at heart.  The brother was presented in the most favorable light, in spite of being a horrible person, and a horrible son. And a thief.  (A good person does not say one thing, and do another, and serve only their own purposes.)  Over the years, I have written the attorney and told him about certain shenanigans, and consequently, matters had changed in favor of my dad.  Now, the attorney has told me to contact an attorney in that jurisdiction, which I am doing.

I really know nothing about trusts and wills (obviously) and am asking what are my rights, given that I probably was not named.  Is it possible/legal to only name one child?  Because that child turned on my dad and things got very bad.  The child hoarded everything and only wanted to control my father.  My father was in a very bad situation, in the end.  It is crystal clear that my brother was not looking out for my father.  My brother only really wanted to be given everything.  Bottom line.  They wanted the goods.  I tried to tell the attorney this while he was still practicing (The attorney that drew up the original trust is no longer practicing.).  Did he have a legal obligation to correct the problem?

How do I find out if I was named? How do I access the documents - since the brother is so guarded (and is a compulsive liar)?   See why I am stuck? [/quote]

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