Legal Question in Wills and Trusts in Indiana
Difference between a Secret Trust and a Will
My sister says that our uncle had a secret trust when he died.
She claims to be the executor and she can't discuss any fo this secret trusts' details with anyone.
What is the differences between a secret trust and a will?
If there is such a thing.
1 Answer from Attorneys
Re: Difference between a Secret Trust and a Will
Is it possible that your sister is a liar and a thief? Possibly she is just a good-natured ignorant person. I don't believe there can be a secret trust of a dead man. Possibly your uncle had a "living trust" which would avoid probate for assets correctly conveyed to the trust, but the terms of the trust cannot be held secret from the beneficiaries. If your sister doesn't cooperate, and you think your uncle left something worth fighting about, then you should open a probate case and require your sister to account for her stewardship. Good luck.
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