Q: Should my sister and I inherit my late father's portion of our grandparent's estate?
My father passed away in 2012, His parents outlived him. He has 3 siblings. My father has 2 daughters. My father was married. My grandparents both have passed in2018. I just have learned that my aunt and Uncle replaced my father(after he passed)in the family Trust with my stepmom, leaving me and my sister out of the trust and not as beneficiaries. Shouldn't we automatically be beneficiaries? We found online court documents 3 years after the Trust was closed and it shows me and my sister as legal Heirs along with my aunts and uncles. It shows an Affidavit of mailing to all of the Heirs at law. The address given for me and my sister was my stepmother's address and she never gave us the mail. my aunt and uncle were the Devisees & Legatees of my grandfather's Revocable Living Trust. They had our correct addresses, they gave my stepmother's address to the estate attorney to use for us, knowing she would never give us the mail. Please help! My grandparents lived in Tulsa Oklahoma.
A: You need to contact an estate/trust attorney on this. If in fact the trust specified that you receive your fathers portions then that would be the case. However, there are always complications. If something was not put into the trust then that would not necessarily be transferred to you, or if there was a revised trust after the one you have seen, etc... You need to contact an attorney in your area and let them review all the documentation and hopefully be able to give you an answer.
James Tack Jr agrees with this answer
1 user found this answer helpful
A: You should contact an estate attorney to review the probate proceedings and the Trust documents. The resolution of this issue depends on the specific terms of the Trust and what actually happened in the probate case. Do not delay in contacting an attorney for specific advice. Many attorneys will provide free initial consultation.
1 user found this answer helpful
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.