my Dad died and 2 days later his brother, my Uncle, dies. Uncle is filthy rich and leaves several Trusts, a few of which name his brother and siblings as beneficiaries.
My uncle was also kind enough to name his nieces and nephews, including myself, on another trust. My Aunt is 'closely' administering my Uncle's estate.
What happens to my father's share of the trust he is named on... since he passed before his brother? Do his children or spouse have any claim to his portion of the trusts?
I believe there may be no residual beneficiaries named in either my Uncles trusts or his Will . thank you.
1 Answer from Attorneys
Depending on what kind of trust was created for your cousins and you, it probably shouldn't be part of your uncle's estate. It should be administered by the named Trustees. You all have the right to information about it.
As to your father's interest, if any, in his brother's estate, that depends on what the brother's will said. Again, heirs and beneficiaries have to be notified by the Executrix of the opening of the estate and are entitled to information about the administration of the estate. You may check with the Register of Wills for the County where your uncle resided at the time of his death to get information about the estate, including the probate of the will. You may be able to see a copy of the will.
If you suspect that your aunt is not dealing with the estate properly, you should engage your own lawyer to help you explore your options.
THIS RESPONSE IS NOT LEGAL ADVICE, SINCE I DO NOT HAVE ALL OF THE INFORMATION THAT WOULD BE REQUIRED, AND I DO NOT HAVE A REPRESENTATION AGREEMENT WITH YOU.
* If the answers to your question confirm that you have a valid issue or worthwhile claim, your next step should almost always be to establish a dialog with a lawyer who can provide specific advice to you. Contact a lawyer in your county or township.
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