Q: I was originally told that I am a beneficiary of a house that is currently in an irrevocable living trust.
Now I am being told that this is not the case. How do I find out?
A: In the first instance, try to get some information from the person who told you that there was an irrevocable trust and that you were named as a beneficiary under that trust; try to see if you can obtain the name of any lawyer who may have prepared the documents. If the trust was prepared, were assets deeded or transferred into the trust? If real estate was involved, a deed is usually recorded in the county clerks office and a late filing or delayed filing may still be valid. Please also note that many trusts, even irrevocable trusts, contain provisions that allow a person who has established a trust to change beneficiaries--this is called a limited power. On the basis of all of this, you should immediately consult an estate planning or estate adminstration attorney or an elder law attorney to help you find out what actually happened and to determine whether you have any rights as a beneficiary under the "alleged" trust you were told about.
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