Legal Question in Wills and Trusts in Nevada
My Father's Trust
My father has recently remarried in name only his first wife. While he was married to her 36 years ago he had an affair with my mother and I was born. I have been kpt a secret from his first wife all of these years. He remarried his first wife for the purpose of setting up a trust in both of their names. He wants to leave her financially set once he is gone. He has substantial assets. He is sick and is probably not going to live too much longer.
He cut off all financial support to my mother and me when I was about 2 years old, I am now 38. I have had very little contact with him over the years and I believe that he has set up this trust to keep me from claiming anything once he is dead. My question is: If my father dies, and he has set up this trust with his ''wife'', does this replace a will and is there any possible way for me to contest a trust or to sue the trust and claim for myself some the assets in the trust as an inheritance? He will probably not name me in any way in a will that he may have or leave me anything in the trust. I just want to know if this trust closes me off completely when he dies or is there a legal way to get to the assets in the trust?
1 Answer from Attorneys
Re: My Father's Trust
It depends on how the trust was set up. If he names you in the trust and states that he does not want to allow you to inherit from the trust, your ability to make a claim will be seriously impaired. If he has any assets which do not go into the trust, you can claim your "intestate" share - the amount you would be entitled to if he died without a will. Again your recovery may depend on any language in the will if he has one, and of course the value of the estate.
Thus, if your father made a great effort to disinherit you, your chances of recovery are less. If he ignored you, your chances are better. Your chances of recovery will depend on the language of the will and whether the remaining trustee (your step mother?) would be willing to share with you.
Your choices are (1) do nothing until he dies, then file a claim with the estate and trust or (2) attempt to reconcile with your father and see if there is any chance to heal some of the damage which he did.
You may call for a personal consultation, at no cost.
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