Legal Question in Wills and Trusts in Massachusetts

probate wills trust estate

Father passed over 9months ago.

Haven�t an inventory on personal or real property. sent letters to trust attorney. no response. Requested financial docs living trust also asked for right of first refusal on house. house under contact. no response. personal effects are gone had no chance to have anything from parents or childhood memories. What is the time line for make the info available? Can I request financial records from the before father living trust, Will and from the trust? What information should be made available to me? I have received a one check so far and a request for ssn, do they need to provide a privacy clause with that?


Asked on 5/28/09, 10:00 am

2 Answers from Attorneys

Re: probate wills trust estate

My first question is who is the trustee?

A trust is not an estate. Assuming the trust is not part of a probate proceeding and most are not, then no inventory is required. However, a good Trustee will disclose within a reasonable period what the assets of the trust are and what liabilities there are assessed against the estate.

The social security number is need so the Trust can report a distribution to you to the IRS. Part of the distribution may be income, part may be corpus and not subject to tax.

If the attorney is not being responsive I would suggest contacting a Trust attorney in FL where you father lived and have him contact the Trustee and the Attorney.

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Answered on 5/28/09, 10:07 am
Christopher Vaughn-Martel Charles River Law Partners, LLC

Re: probate wills trust estate

I am sorry to hear about the loss of your father.

Your post is difficult to understand, and it appears you are confusing your father's 'estate' with a 'trust'. Whether you have the right to certain information really depends on how various assets and property were owned at the time your father passed.

You do not indicate whether your father's spouse is still living.

With regard to your father's probate estate, you may have signed a general assent indicating that you waive your right to further notice.

To truly understand your rights, you need to take your father's will and trust documents to an attorney.

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Answered on 5/28/09, 10:12 am


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