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    Edsmona4 life's Avatar
    Edsmona4 life Posts: 1, Reputation: 1
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    #1

    Sep 21, 2012, 01:42 AM
    Probate
    My. Husband died 4/27/12 he had a family trust how do I locate it, also the person who drew it up claimed to be a lawyer I later found he's a paralegal an the auxiliary trustee he won't produce the paper my husband was blind what do I do
    joypulv's Avatar
    joypulv Posts: 21,591, Reputation: 2941
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    #2

    Sep 21, 2012, 02:23 AM
    Did your husband have a will, and was his estate probated? Did he have any property or money of his own in the bank? I would ask the bank and the law firm the paralegal works for.

    If the trust was set up by his family for his care only, with no provision for you, then that would explain why no paperwork has been sent to you. The trust would end with his death and any money go back to his family.
    AK lawyer's Avatar
    AK lawyer Posts: 12,592, Reputation: 977
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    #3

    Sep 21, 2012, 05:55 AM
    Quote Originally Posted by Edsmona4 life View Post
    ... family trust how do I locate it, ... the auxiliary trustee he won't produce the paper ...
    File a probate petition with the court. Then subpoena the trustee &/or the paralegal and depose them to get to the bottom of this trust issue. That will allow you to get a copy of the trust instrument, to find out what assets went into the trust, and the circumstances of his execution of the trust instrument (whether he knew what it says, etc.).

    As his widow, you also have certain rights whether the trust was validly executed.
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