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Bonnie20171

Brother not distributing inheritance

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 I was always the trustee of my fathers living trust as I was always the one of his children her could trust completely.  Even though my brother didn’t see him for 10 years, he did manage to come see him after back surgery that not go well for my dad.  After rehab, dad did go stay with my brother and his wife for a month and a half.  Within a week dad wanted a copy of his trust which I did not send to him.  He set up the trust because he knew my brother would cause issues if something happened to him.  Two days before my dad passed away in January 2017, in the ICU my brother had a new trust drawn up putting him as sole trustee.  My dad would have never ever done that in a right state of mind.  He was 88 years old.  My brother claimed he had written testimony from the doctors that dad was in his right mind...which he clearly was not.

 

My brother went out within two weeks and put dads house in his personal name which he had to put back in the trust.  Although dad had some stocks which my brother tried to put in his name he did have to distribute them as the three children are listed as equal beneficiaries.  That came after a couple of letters from a kind lawyer.

 

He finally sold my dads house in August of this year and is not responding to any type of correspondence.  The house sold for over $350k so it is a good amount of money.  Can I file a petition with the probate court at this point?  He has had ample time to settle all debts etc.  

 

I know I should have taken him to court when all this happened because it, in my non legal mind, seems like a case of undue influence but quite honestly didn’t have the funds to do so.  Then my husband passed away a year ago very unexpectedly and have been going thru the loss of him and dad within just a few months of each other.  I’d rather not go thru an attorney due to the out of pocket cost.  Can I do something on my own?  Sorry for being so long..

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6 hours ago, Bonnie20171 said:

I was always the trustee of my fathers living trust

 

Revocable or irrevocable trust?

 

 

6 hours ago, Bonnie20171 said:

That came after a couple of letters from a kind lawyer.

 

Whom did/does this lawyer represent?

 

 

6 hours ago, Bonnie20171 said:

Can I file a petition with the probate court at this point?

 

I'm sure you can.  What would be the purpose of this petition?

 

 

6 hours ago, Bonnie20171 said:

Can I do something on my own?

 

We have no way of knowing what abilities you have.  Hiring -- or at least consulting with -- a lawyer would be the prudent thing to do.

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