Q: How can I secure my interest in a trust from the Harber estate after my father's passing?
Following my parents' divorce, it was stipulated in the divorce papers that I would receive a 1/4 interest in anything my father received from the Harber estate. My father, who had inherited a trust alongside his sister, has since passed away, as has his wife. I have the divorce paperwork, but no information about the trust. How can I secure my 1/4 interest, and what steps should I take to access information about the trust?
A: You should probate your father's Will. In accordance with the divorce decree, he should have left you the 1/4 interest you are entitled to in his Will. If you cannot locate your father's Will, you can still probate your father's estate as one of his heirs at law and argue that you should receive the 1/4 interest pursuant to the divorce decree. You will need to name the trustee of the trust as a party.
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