Legal Question in Wills and Trusts in Ohio

beneficiaries right to trust info

My aunt died June06, Sept06, I was notified by the executor I was mentioned in her trust.After a few conversations he did tell me I was to get 61%. She owns 3 houses which are currently being rented till their leases expire in May07 at which time they are to be sold. Her main asset was her farmland. Which the executor sold in July05 (don't know why he sold it.aunt was in a nursing home) who knows. I suppose it must have been zoned commercial for the amount of money it brought verses the acreage. My questions: Do I have a legal right to know if the farmland is in the trust(before Sept. I had never talked to executor nor met him, only heard of him thru my aunt) Do I have any rights to the household belongings before they have auction? Do I have any rights to ask him a ball park idea of what I may recieve? What are my rights if any to ask executor questions and what is in my rights to ask? Thanks a bunch! Rose


Asked on 10/23/06, 2:20 pm

2 Answers from Attorneys

Re: beneficiaries right to trust info

Rose, the Trustee should provide you with a copy of the Trust or at least a copy of the section that you are listed in. You can tell if the farmland is in the trust by searching the county auditor's website but the Trustee will probably tell you. The Executor has authority over assets in your Aunt's name at the time of her death, not the trust assets. The Trustee has authority over the Trust assets. You can ask the Executor questions but they may not have the knowledge if it is a trust asset. You can ask what is a ballpark of your share but he/she may not know the amount of expenses yet. Whether you get personal property depends on the terms of the trust agreement.

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Answered on 10/23/06, 5:23 pm
Nancy Fioritto Patete Nancy Fioritto Patete, Esq.

Re: beneficiaries right to trust info

As a beneficiary, you have every right to inquire about the contents of your aunt's will (or trust, if that's what it is). First, approach the executor with your questions. If you don't feel as though the executor is being responsive, I recommend contacting an attorney to do the asking on your behalf.

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Answered on 10/24/06, 7:50 am


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