parents estate (1 viewing) (1) Guest
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TOPIC: parents estate
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parents estate 1 Year, 11 Months ago
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I'm in bad need of advice....all help is appreciated.... My father passed on 8/15/09....aprox. value of estate was 800-900K....My sister claims he changed the will that was in place upon my mother's death..( 2006) ..( estate was to be divided into 3rds....2 sisters plus myself ) she says he formed a trust leaving everything to her and sister....I found evidence of trust involving his primary residence....but register of deeds shows no activity on 2nd piece of property ( worth 500K ) my mother was sole owner on 2nd piece until she signed QC deed in 2001 to him..as joint owners....nothing else shows on deed today..both owners listed are deceased......If that propertys in a trust, should records reflect that????...is that trust public record??? she has refused to show proof of trust ....if trust is in place, does it have to list all assets????
thank you for the help....
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tbm1231 (User)
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Re:parents estate 1 Year, 11 Months ago
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Living trusts are not recorded...usually. Most probate courts do not register trusts. Regarding the deed. Sometime a deed is prepared and signed, but not recorded until after death. So, dont be surprised if you find that a deed was recorded after death.
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Re:parents estate 1 Year, 11 Months ago
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Most revocable living trusts are also accompanied by a will. This is common among preparing a complete estate plan. The will controls any probate assets. Question, is mother still living? If she predeceased father, then the second parcel (2001 QCD) is a probate asset and 100% would be in father probate estate. If father's estate plan included a will, then check to see how the will directed property. If all the property is to be distributed in the same manner as the trust, then your sisters would take and you would be SOL.
Was there any undue influence? Duress? Forgery/fraud by your sisters?
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Re:parents estate 1 Year, 11 Months ago
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Thanks for the response....My first problem is no ones produced any documents....my sister says theres a trust....as of yet, no proof....Is a trust public record?? I know who his attorney was....Is she obligate to provide me with copy of trust....if I'm mentioned in trust....shouldn't they have contacted me....
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Re:parents estate 1 Year, 11 Months ago
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Thanks for the response....My first problem is no ones produced any documents....my sister says theres a trust....as of yet, no proof....Is a trust public record?? I know who his attorney was....Is she obligate to provide me with copy of trust....if I'm mentioned in trust....shouldn't they have contacted me....I know from passed experence, she can't be trusted
thanks
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Re:parents estate 1 Year, 6 Months ago
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Under US law, debt can't be inherited. Any debt above the value of the estate dies with the debtor. That said, the heirs MAY chose to pay some of the debts in order to retain an equal value in assets.
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