Columbia, MO asked in Civil Litigation, Estate Planning and Family Law for Nevada

Q: My father passed a few years ago. My stepmother said I lost my inheritance. I was the sole trustee and beneficiary

I believe it was a revocable trust. Can she remove me after my dad’s death? How do I get a copy without knowing the attorneys they used?

2 Lawyer Answers
Anthony M. Avery
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A: You cannot be the trustee and sole beneficiary of a trust. In that event, trust never existed. If there was a revocable trust, then it is probably irrevocable now. If you were the trustee, and never acted as such, then apparently there was never a trust. So hire a NV attorney to search for assets that you and stepmother own as tenants in common as heirs and next of kin of the Decedent.

Jennifer Setters
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A: Every case is unique, hence in circumstances like these—where your father died away and you are unsure of your position as trustee or beneficiary of a revocable trust—you should be careful to consult with an attorney who specializes in trusts and estates. Here are some broad ideas, nevertheless, to give thought:

Revocable Trusts After Death: Should the trust have been a revocable trust while your father was still living, it usually becomes irrevocable upon his death, so the provisions of the trust should not be able to be amended. Should the trust specify that you are the sole beneficiary and trustee, you should have authority over the assets in line with your father's instructions. Usually, your stepmother cannot remove you or change the conditions of the trust after his death unless the trust documents provide some legal authority to her.

If you do not have a copy of the trust and know of the lawyers your father engaged, you can follow these guidelines:

Legally, you are entitled to a copy of the trust as a beneficiary; ask your stepmother for one. You might formally ask your stepmother for the paperwork. Should she object, you could have to call legal counsel to uphold your right to view it.

Examine public probate records. Sometimes the trust entered probate if the trust was not fully funded—that is, if certain assets were left outside the trust. To find whether any public filings were made, consult probate court records kept in the county where your father died.

See Financial Institutions: Should you know of any information regarding the accounts or assets connected to the trust, you can contact financial institutions to find out who has access to those accounts; this could expose the attorney or legal body running the trust.

See a trust attorney to help you negotiate this scenario; they are experts in trust and estate law. They can help you find your rights, ask for a copy of the trust, and make sure the trust's provisions are being faithfully fulfilled. Should you have questions regarding possible misbehavior, your attorney can also assist in determining whether your stepmother had the jurisdiction to remove you as beneficiary or trustee.

Working with a legal expert will guarantee you tailored advice to safeguard your inheritance and knowledge of your rights as trustee and beneficiary as every trust issue has unique complexity.

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