Way OT: Any Probate Lawyers around?(long)

Marimaru · June 8, 2005

Okay this is long story, but I'll make it as short as possible.

My grandfather passed away a couple of months ago, and I'm having trouble finding out if anything was left to my sisters and me. It boils down to my dad and my aunt being untrustworthy people.

I obtained a copy of the Will, because it's public record, but the will then refers to a Trust agreement, that is not on file with the courts (CO for reference). I don't actually know if the trust is supposed to be public or not.

I wont get into the history of why we don't trust that side of my family, but we were trying to do this without them finding out we were looking. But my sister called up the lawyer who helped my grandfather write the will, and is currently the estate lawyer, and he told my dad she called, and he's obviously not happy.

So, if anyone has any experience in this sort of thing, I would greatly appreciate any input!

Sarah

vinesqueen · June 9, 2005

Sorry to hear about your Grandfather.

I'm even more sorry about your dad.

Vera · June 9, 2005

Sorry to hear of your grandfathers death.

One thing I learned after the death of my X's grandmother .

Trust accounts have a trustee in charge of making sure distributions and taxes are paid per the will's demands. If the trustee violates any of their duties, any beneficiary may sue the trustee. That includes children of the beneficiary.

Example if a distribution is to be made when a beneficiary reaches a certain age but is made sooner and that person dies, the child of the beneficiary can sue the trustee for breech of duties. Trustees can also collect a fee, even banks can be named trustees.

I'm from California so probate laws may be different?

I am the first to tell people who are fearing a parent's death, to get their names on all of the parent's accounts, it hurt's but it's smart.

Marimaru · June 9, 2005

I'm in California as well. Unfortunately, one of my younger sisters is the only one of us in Colorado, so she's had to bear the brunt of the work (and the consequenses).

Hopefully today I can get a hold of a lawyer and find out more details as to the laws there.

Thanks guys!