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
  • 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.

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.