Legal Question in Wills and Trusts in Missouri
My father passed away 12, oct. 2011. There is a trust worth millions to be split between my brother and I. So far I have no details. my brother is the trustee. I assume there will be a very small monthy amount alloted to me since both my dad and brother are exceedingly frugal (stingy)., and probably hope to keep as much as possible for as long as possible in the trust.
Is there any way I can draw enough to buy a home (which is badly needed) from my share ($400,000.). If so,how do I go about it without getting into a lawsuit? My brother is a multi-millionaire in his own right, so he has no money needs, and in the month since our dad died has not been forthcoming yet with any information regarding disbursement or sums.
2 Answers from Attorneys
Depending on the language of the trust, it is very possible that you could be entitled to withdraw enought to purchase a home. In Missouri, you can conduct discovery prior to the filing of a lawsuit in order to obtain information with the assistance of a court. You really need an attorney. Many firms, including ours, would represent you on a contingent fee basis where we would only be paid a percentage of what we obtain for you from the trust.
I would suggest asking your brother for a copy of the Trust document itself. If he refuses, then you may be able to file a Petition in the Probate Court seeking a court order to require your brother to at least show you th document. You definitely need an attorney.
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