Kannapolis, NC asked in Estate Planning, Arbitration / Mediation Law and Probate for Texas

Q: My half-brother passed away with assets in a Trust. I feel like the family has not been honest with us. Please help.

The Trust contained his home, a couple IRA accounts (they informed us of these), and a parcel of land that is leased out. His home is still listed under the Trust. We found it named in property tax records. We don't know who holds the Trust and we don't know if the Trust was amended after his death (it was setup by him and/or his grandmother years ago) but we do know that he knew about it and he had said that it was his retirement and security for his golden years. Can they do this legally? His grandmother passed away 10 months after him and we can get no clear information on if he is still the recipient or if it was amended, including from the attorney that his uncle directed us to handle the IRA accts. He had no wife, children, or parents living. Myself and my two sisters are his living siblings. When we started asking these questions the refered attorney immediately refused to work with us.

1 Lawyer Answer
John Michael Frick
John Michael Frick
Answered
  • Arbitration & Mediation Lawyer
  • Frisco, TX
  • Licensed in Texas

A: It sounds like the attorney stopped communicating with you because he has a conflict of interest. If the attorney previously performed legal services for your half-brother related to the trust, he quite likely does have such a conflict and should not communicate with you.

You should hire your own attorney to advise you.

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