What can I do if my father disinherit me in his will years ago but named me in his living trust before he passed away? 24 Answers as of February 04, 2014

My brother and family told me I get nothing.

Ask a Local Attorney. 100% Anonymous. Free Answers.

Free Case Evaluation by a Local Lawyer: Click here
Stephens Gourley & Bywater | David A. Stephens
The newer trust should have included a pour over will. You should try to get the most recent will.
Answer Applies to: Nevada
Replied: 2/3/2014
James M. Chandler | James M. Chandler
If you are named in the trust as a beneficiary and the trust has any assets you would be entitled to your share as set out in the trust.
Answer Applies to: California
Replied: 2/3/2014
Durham Jones & Pinegar | Erven Nelson
It depends on what property is in the trust, and what property is not in the trust. For any property which has been properly transferred into the trust, the written terms of the trust document would govern. If you are a named beneficiary in the trust, you should get something. The will would cover property which was not in the trust.
Answer Applies to: Nevada
Replied: 2/3/2014
Danville Law Group | Scott Jordan
If your father did not remove you as a beneficiary of the trust, you still receive the amount that he left you in the trust. You should consult with a probate litigation attorney to find out how you go about claiming your inheritance.
Answer Applies to: California
Replied: 2/3/2014
Law Ofices of Edwin K. Niles | Edwin K. Niles
Sounds as if you need to see a lawyer ASAP. The later document should prevail.
Answer Applies to: California
Replied: 2/4/2014
    Law Office Of Victor Waid
    Law Office Of Victor Waid | Victor Waid
    The trust governs, not the will. Obtain the assistance of a probate/trust litigation lawyer to enforce your rights pursuant to the trust.
    Answer Applies to: California
    Replied: 2/3/2014
    Law Office of Peatsa C. Wallace | Peatsa C. Wallace
    It is difficult to answer your question without more information. I would need to know if the Will assets poured over into your father's living trust or whether the living trust's poured over into your father's Will. Also, were there assets that had been transferred to your father's living trust during his lifetime? What did the living trust say happened when your father died with any assets in the living trust?
    Answer Applies to: Georgia
    Replied: 2/3/2014
    Strickland Law, PLLC
    Strickland Law, PLLC | Jeffrey S. Strickland
    He has the right to leave you nothing under his will, and also to name you as a beneficiary in a trust. You need to review the documents.
    Answer Applies to: Tennessee
    Replied: 2/3/2014
    Law Office of Nathan Wagner
    Law Office of Nathan Wagner | Nathan J. Wagner
    Because you are still a beneficiary of the trust, you should receive from whatever is in the trust. However, you would not receive any assets that your father owned but did not place in the trust. If there were no assets in the trust, then your brother is correct: you would receive nothing.
    Answer Applies to: California
    Replied: 2/3/2014
    Law Offices of George H. Shers | George H. Shers
    The Will applies only to assets in it at the time of death. If assets were transferred to the living trust, then they pass as the trust states, irrespective of the Will. So you may be entitled to something under the Trust.
    Answer Applies to: California
    Replied: 2/3/2014
    Irsfeld, Irsfeld & Younger LLP | Norman H. Green
    You have a right to see the will and the trust document. See it for yourself.
    Answer Applies to: California
    Replied: 2/4/2014
    Frederick & Frederick PLC | James P Frederick
    MUCH more information is needed. How were the assets titled? If they were jointly held or there were beneficiaries named, then what your siblings are telling you may be right. A trust controls only the assets titled in the trust. A Will controls only assets in the decedent's name alone. If there were no such assets, you may be out of luck. You may need an attorney to help you investigate this matter further.
    Answer Applies to: Michigan
    Replied: 2/4/2014
    James Law Group
    James Law Group | Christine James
    The later dated document (trust) should control. Get an attorney ASAP.
    Answer Applies to: California
    Replied: 2/4/2014
    Minor, Bandonis and Haggerty, P.C.
    Minor, Bandonis and Haggerty, P.C. | Brian Haggerty
    If you are included as a beneficiary of the trust, better "lawyer up." Trustees of trusts are not accountable to the court, they often do just what they want with assets of the trust, not what they are directed to do.
    Answer Applies to: Oregon
    Replied: 2/3/2014
    Donald T. Scher & Associates, P.C.
    Donald T. Scher & Associates, P.C. | Donald Scher
    The answer depends upon what assets are owned by the trust. Many times people create a trust agreement, but do not fund the trust by transferring assets to trust ownership.
    Answer Applies to: Arizona
    Replied: 2/3/2014
    Patrick W. Currin, Attorney at Law | Patrick Currin
    It depends on the timing of the documents.
    Answer Applies to: California
    Replied: 2/4/2014
    Goldsmith & Guymon
    Goldsmith & Guymon | Dara Goldsmith
    It may depend upon if assets are passing via the trust or via the Will. Both documents need to be reviewed by attorney to advise you.
    Answer Applies to: Nevada
    Replied: 2/3/2014
    Estrada Law P.C. | Michele Ungvarsky
    The latest dated document supersedes any earlier documents. So if the trust is dated more recently then the will is probably not valid. Check with an Estate Planning Attorney for help.
    Answer Applies to: New Mexico
    Replied: 2/3/2014
    Peters Law, PLLC
    Peters Law, PLLC | Mark T. Peters, Sr.
    You get whatever you are entitled to under the trust. It may be that there is nothing there. However, you probably ought to talk with a local attorney about the issue on the off chance they are trying to cheat you of something.
    Answer Applies to: Idaho
    Replied: 2/3/2014
    LAW OFFICES OF JAMES F. MALINOWSKI
    LAW OFFICES OF JAMES F. MALINOWSKI | JAMES F. MALINOWSKI
    The "Will" passes assets that were solely in your father's name at the time of his death. You would not receive any of those items. The "Trust" passes assets that were in the name of the trust. If you father has transferred assets into the name of the trust, you should receive your share.
    Answer Applies to: Michigan
    Replied: 1/31/2014
    Musilli Brennan Associates PLLC
    Musilli Brennan Associates PLLC | John F Brennan
    Show me the paper, the will and the trust are normally separate.
    Answer Applies to: Michigan
    Replied: 2/3/2014
    Ashcraft & Ashcraft, Ltd.
    Ashcraft & Ashcraft, Ltd. | Randall C. Romei
    Assets transferred to the Living Trust before death or transferred to the Living Trust pursuant to the terms of the Will are distributed in accord with the terms of the Trust and not the Will. It may be possible for a later executed Will to revoke a Trust if the Trust permits a revocation by Will and the Will is explicit in revoking the Trust. You will not receive any distribution directly from the probate estate if you are disinherited under the Will but assets could go from the probate estate to the Trust in accord with the terms of the Will and then be part of the distribution to you in accord with the terms of the Trust. The probate estate does not contain assets that are in the Trust and does not exert control over the Trust. The Will does not control once assets are put into the Trust.
    Answer Applies to: Illinois
    Replied: 2/3/2014
    Sebby Law Office
    Sebby Law Office | Jayne Sebby
    A person has no legal obligation to leave anything to a child. Unless you can prove that the will was fraudulently made or that someone unduly influenced your father at the time he drafted the will and that he would have included you but for the influence, you will receive none of the assets included in the will.
    Answer Applies to: Nebraska
    Replied: 2/3/2014
    Richard J. Keyes Attorney at Law | Richard J. Keyes
    In Missouri, if you are listed as a beneficiary in the trust, then you have a right to see the trust. You also have the right to get information from the trustee as to the assets in the trust and share in the distribution per the terms of the trust. Please see an attorney for more details. You may have to file suit against the successor trustee for breach of fiduciary duty if the successor trustee to your father's living trust fails to cooperate.
    Answer Applies to: Missouri
    Replied: 2/3/2014
Click to View More Answers:
12 3 4 5 Free Legal QuestionsConnect with a local attorney