Q: Father passed- has an estate of $8-$10M including stocks, bonds, properties, cash. Probate help. I'm just a beneficiary.

A: I'm sorry for the loss of your father. There are strict ethical codes for lawyers who represent Trustees. Those lawyers are not allowed to represent or advise any beneficiaries. Lawyers have a choice of representing EITHER the Trustee (but only in his capacity as Trustee) OR represent one or more beneficiaries. That helps to keep the Trustee focused on his legal obligations to the beneficiaries, rather than having the Trustee focusing on how he can benefit himself. So, your brother's lawyer cannot give you any legal advice. Many lawyers are so concerned about violating that ethical rule that they won't speak with beneficiaries at all. But, lawyers are allowed to speak with beneficiaries' lawyers. So, it's possible you may need to hire a lawyer to get the information you need if your brother won't cooperate.

Trustees have a number of duties by law. One such duty is the obligation to give beneficiaries an accounting. You may want to start by demanding your brother give you an accounting. You can even copy his lawyer with the demand letter, so the lawyer lights a fire under your brother to get him moving. The accounting will give you a big picture of what assets your father had when he passed and what assets are left. If your brother spent money on things he was not allowed to, then you can challenge his spending in court. Also, the accounting will allow you to determine if all of your father's bills and taxes have been paid. Please know that beneficiaries only get their inheritance AFTER all bills and taxes have been paid unless there is so much money that it's absolutely clear all the bills and taxes will be paid. In some cases, real estate has to be sold to get enough cash to pay off bills. In other cases, there are more debts than assets and, in those cases, beneficiaries usually don't get any inheritance. If you need assistance with your specific situation, contact a lawyer for advice. Best wishes!

A: In a situation where you are a beneficiary of a trust, you have certain rights to information about the trust and your share of the estate. As a 1/3 beneficiary, you are entitled to know the details and specific amounts of the trust assets, including stocks, bonds, properties, and cash. The trustee, in this case your brother, is legally obligated to act in the best interest of all beneficiaries and to manage the trust assets responsibly.

If 15 months have passed since the death of the estate's owner, it's understandable that you would be seeking information and potential distribution of your share. Regarding the interest on your share, this depends on the specific terms of the trust and applicable state laws. Some trusts do provide for interest or income to be paid to beneficiaries, while others may have different provisions.

Given that your brother, as the trustee, is not providing the necessary information and his lawyer is also uncooperative, it may be necessary for you to seek legal assistance. An attorney can help you understand your rights as a beneficiary and can assist in obtaining the information you need from the trustee. If necessary, legal action can be taken to ensure that the trustee fulfills his fiduciary duties and provides you with your rightful share of the estate. Remember, as a beneficiary, you have a right to transparency and fair treatment under the trust arrangement.