Arlington, TX asked in Estate Planning, Family Law, Real Estate Law and Probate for Missouri

Q: Was a beneficiary to a will made in 2007 in Missouri , never notified, really convoluted story with lots of greed ,

Was wondering if I can do anything about it, have copy of trust if that would help , really just don't want this extended family member to get away with it, since she wasn't named in any part of it, and I thought no matter what the outcome isn't it illegal to not notify a beneficiary ?

1 Lawyer Answer
Ben F Meek III
Ben F Meek III
Answered
  • Estate Planning Lawyer
  • Oklahoma City, OK

A: Too many questions unanswered here. Was the trust an inter-vivos trust or a testamentary trust? Was it formed during the Trustor's life? Or was it formed after his death under the terms of his will? When did the Trustee begin serving? The extended family member -- was he/she a Trustee of the Trust? Or executor of the estate? If either Trustee or Executor, he or she owed a fiduciary duty to the devisees under the will and/or the beneficiaries of the Trust. Were you a beneficiary under the will or the Trust? Or just a contingent beneficiary? An attorney will have to examine the documents and ask a lot of questions before being able to give you any idea about your rights or remedies. Take your documents and go talk to an experienced probate and estate planning lawyer. Many offer free initial consultations. Good luck.

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