Legal Question in Wills and Trusts in Massachusetts
Left off of trust
I am the black sheep of the family, only child from fathers first marrage.
When he died he had a realty trust for his 4 other kids, We got along and worked with each other over the years but I was not on the trust because I could not be controled to do unethical things. 3 of the 4 others are now lying, stealing and destroying the property. I get along only with the next oldest sister who is being kept out of everything because she also is not unetical. The short question is there a legal way for me to be placed on the trust, my father had no will and also owed a construction company
3 Answers from Attorneys
Re: Left off of trust
There is no way of knowing what your rights are under the trust without reading it. However, the person who creates the trust has a right to name whoever he wishes as beneficiaries.
Any assets which were not in the trust at the time of his death would have been in his probate estate. Under the law of intestacy, you have a right to a share of THOSE assets. So, you need to figure out exactly what was and what wasn't held in the trust.
This sounds like a real mess which will take time -- and money -- to sort out. I suggest you meet with a probate attorney as soon as possible -- preferably one who has some litigation experience.
Left off of trust
If you are not named in the trust as a beneficiary, you are probably out of luck. If this property that is within the trust it is probably not subject to the probate court.
If you are named in the trust, then you do have a right of action, and a right of accountability. As to the estate, if there is no will, then the property that should be probated must be. The rules of probating estates without a will govern this matter.
Should you have questions, or need assistance, contact me.
Re: Left off of trust
This is a situation where it is important to have access to the original documents, and to know what properties are in the trust, whether the business uses the trust real estate pursuant to a favorable lease, whether the business assets are in the name of your late father, etcetera. Not knowing more, you may have a situation where the trust is only a part of the picture - as mentioned elsewhere, the estate may pass by intestacy, and there may be certain obligations under existing documents (long term leases, etcetera) which could prove valuable to the business, etcetera. This is definitely a situation where you should consult with an attorney with experience in probate and business issues.
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