[sheriamour]

I'm a beneficiary in my grandma's will, along with my brothers and sister.
The Trustee, who is also a beneficiary, is a friend of hers that lived near her, we live in other states.
The will states that she is to give the beneficiaries financial statements, which she has refused to do. She has a weird attitude and says that we didn't deserve anything.
She sent us each a small amount of money, but my grandma was wealthy. Her assets were to be divided equally between all of us. I have good reason to believe that she kept more than her fair share. Possibly a LOT of money!
I have asked the bank that had her accounts but they won't let me see her account statements since I wasn't on the accounts, the Trustee was and I know she made substantial withdrawals before my grandma passed away. I have no idea what kind of lawyer to ask or how to handle this?! :eek: :mad:

[JudyKayTee]

I'm a beneficiary in my grandma's will, along with my brothers and sister.
The Trustee, who is also a beneficiary, is a friend of hers that lived near her, we live in other states.
The will states that she is to give the beneficiaries financial statements, which she has refused to do. She has a weird attitude and says that we didn't deserve anything.
She sent us each a small amount of money, but my grandma was wealthy. Her assets were to be divided equally between all of us. I have good reason to believe that she kept more than her fair share. Possibly a LOT of money!
I have asked the bank that had her accounts but they won't let me see her account statements since I wasn't on the accounts, the Trustee was and I know she made substantial withdrawals before my grandma passed away. I have no idea what kind of lawyer to ask or how to handle this?!? :eek: :mad:

The Probate Court - or whatever Court handles these matters - is supposed to be supervising the distribution of the assets. I would contact them with your complaints.

You would need an Estate/Family Law Attorney to handle this if that is the way you want to go - but the Trustee/Executor will ask the Court that her share of the legal expenses be paid out of the estate.

[sheriamour]

It didn't go through probate court and I don't have the funds to pay a lawyer up front.

[ScottGem]

If the Trustee didn't submit the will to probate, then you can try contacting the local probate court and see if you can enforce it.

Otherwise you NEED an attorney to deal with this. In this case, they may take it on a contingency basis if grandma was wealthy.

If the will wasn't probated, how do you know its provisions? Did grandma have an attorney that drew up the will?

[Fr_Chuck]

Often you can't afford not to have an attorney.

And no, this should be going though probate to be legal normally. ** can depend on where you are at..

But it sounds like it is not being done legal at all.

[JudyKayTee]

It didn't go through probate court and I don't have the funds to pay a lawyer up front.

What State? I am not aware of any State where an estate can be settled outside the Court, Will or no Will. Someone minimally has to make sure estate taxes are paid if they are due.

Are you sure the woman is telling you the truth?

I'd still call the probate court - or whichever court handles estates wherever this is - and ask a few questions about procedure.

Or post the State and someone, maybe me if I'm around, will look it up.

Have you seen the Will/trust agreement?

[sheriamour]

I have a strong feeling the woman, whom I don't know at all, is NOT telling the truth. I can think of no other reason she wouldn't be more forthcoming and send the financial paperwork or get defensive when asked.
My grandmother lived in Arkansas.
She did send us a copy of the will, it was actually a revocable trust. It looks like it was written up by an attorney.
She sent my 2 brothers, my sister and myself each a copy of the revocable trust and a check.
She won't send any other paperwork though or answer any questions. Seems she is away traveling on vacation a lot.
My grandma was 94, this lady in her early 40's, my age.
I think she talked my grandma into signing over power of attorney to her to share her bank accounts and be executor of the will to get at her money, she claims she was "taking care of her" but she was in a luxury assisted living condo and my brother lived nearby and she didn't need any more help.

[JudyKayTee]

I have a strong feeling the woman, whom I don't know at all, is NOT telling the truth. I can think of no other reason she wouldn't be more forthcoming and send the financial paperwork or get defensive when asked.
My grandmother lived in Arkansas.
She did send us a copy of the will, it was actually a revocable trust. It looks like it was written up by an attorney.
She sent my 2 brothers, my sister and myself each a copy of the revocable trust and a check.
She won't send any other paperwork though or answer any questions. Seems she is away traveling on vacation a lot.
My grandma was 94, this lady in her early 40's, my age.
I think she talked my grandma into signing over power of attorney to her to share her bank accounts and be executor of the will to get at her money, she claims she was "taking care of her" but she was in a luxury assisted living condo and my brother lived nearby and she didn't need any more help.

I think you often have to go with your instincts. If you have thought this out calmly and rationally you are possibly correct.

The Power of Attorney "died" with your Grandmother. That doesn't say this person didn't abuse her powers when your Grandmother was alive - it's just difficult to prove.

If she's the executor of a Will that Will - and the estate - have to be probated, Will or no Will, trust or no trust.

[sheriamour]

Thank you so much for your answers. I didn't know it had to be probated. That gives me somewhere to start getting answers. I'll check into the probate court in AR. Thanks again.

[JudyKayTee]

Thank you so much for your answers. I didn't know it had to be probated. That gives me somewhere to start getting answers. I'll check into the probate court in AR. Thanks again.

And please come back if you have other questions or to let us know how it works out for you.


EDIT: I just had a thought. I don't know how much money is involved here but if you can prove that this woman had undue influence over your Grandmother you could very possibly get whatever is going on stopped and whatever has gone on set aside.

It's almost impossible without an Attorney, though, because it's a very difficult thing to prove and you have to involve neighbors and family - but it can be done.

Just a parting thought.

[ScottGem]

Ok, this is a different story. If your grandmother setup a revocable trust that is different from a will and would not have to be probated. This person would then not be executor of her estate, but she might be trustee of the trust.

Does the trust agreement list assets? Does it show the name of the attorney who set it up. Who is listed as beneficiaries of the trust? Are there provisions in the trust for distribution of the assets or accounting to the beneficiaries?

[JudyKayTee]

Ok, this is a different story. If your grandmother setup a revocable trust that is different from a will and would not have to be probated. this person would then not be executor of her estate, but she might be trustee of the trust.

Does the trust agreement list assets? Does it show the name of the attorney who set it up. Who is listed as beneficiaries of the trust? Are there provisions in the trust for distribution of the assets or accounting to the beneficiaries?

I'm not certain because some sort of distribution was already made and there was a P/A that the trust was the only legal document involved.

I agree - OP has got to get her hands on the documentation.

[sheriamour]

It says all bank accounts and certificates of deposit to be distributed as follows: 20% to my older brother, 20% to my older sister, 20% to my other brother, 20% to me and 20% to trustee; all the rest and remainder of the assets in the trust, including, but not limited to, jewelry, clothing, furniture, fixtures, appliances, furnishings, household effects, pictures, and personal belongings to trustee.
In another section-ACCOUNTING BY TRUSTEE-The Trustee shall keep all the accounts and records of the trust created herein and shall render to each beneficiary then entitled to income under the terms of any trust or trust fund created hereunder, at least annually, a statement showing in detail receipts, disbursements, distributions of income and a statement of financial condition.
The lawyers name or firm is nowhere on what she sent.

[ScottGem]

Ok, so the trust document clearly requires her to provide reports. I would get an attorney to send her a letter citing that clause and demand an immediate accounting or legal action will commence.