What can I do if my father disinherit me in his will years ago but named me in his living trust before he passed away?

Question

My brother and family told me I get nothing.

Edwin K. Niles · Answer

Sounds as if you need to see a lawyer ASAP.  The later document should prevail.

James Frederick · Answer

MUCH more information is needed. How were the assets titled? If they were jointly held or there were beneficiaries named, then what your siblings are telling you may be right.  A trust controls only the assets titled in the trust. A Will controls only assets in the decedent's name alone. If there were no such assets, you may be out of luck. You may need an attorney to help you investigate this matter further.

Norman Green · Answer

You have a right to see the will and the trust document.  See it for yourself.

Christine James · Answer

The later dated document (trust) should control.  Get an attorney ASAP.

Patrick Currin · Answer

It depends on the timing of the documents.

Victor Waid · Answer

The trust governs, not the will. Obtain the assistance of a probate/trust litigation lawyer to enforce your rights pursuant to the trust.

Jeffrey Strickland · Answer

He has the right to leave you nothing under his will, and also to name you as a beneficiary in a trust. You need to review the documents.

Nathan Wagner · Answer

Because you are still a beneficiary of the trust, you should receive from whatever is in the trust. However, you would not receive any assets that your father owned but did not place in the trust. If there were no assets in the trust, then your brother is correct: you would receive nothing.

James Chandler · Answer

If you are named in the trust as a beneficiary and the trust has any assets you would be entitled to your share as set out in the trust.

Erven Nelson · Answer

It depends on what property is in the trust, and what property is not in the trust. For any property which has been properly transferred into the trust, the written terms of the trust document would govern. If you are a named beneficiary in the trust, you should get something. The will would cover property which was not in the trust.

Georges Shers · Answer

The Will applies only to assets in it at the time of death. If assets were transferred to the living trust, then they pass as the trust states, irrespective of the Will. So you may be entitled to something under the Trust.

Brian Haggerty · Answer

If you are included as a beneficiary of the trust, better "lawyer up." Trustees of trusts are not accountable to the court, they often do just what they want with assets of the trust, not what they are directed to do.

Michele Ungvarsky · Answer

The latest dated document supersedes any earlier documents. So if the trust is dated more recently then the will is probably not valid. Check with an Estate Planning Attorney for help.

Dara J. Goldsmith · Answer

It may depend upon if assets are passing via the trust or via the Will. Both documents need to be reviewed by attorney to advise you.

Mark T. Peters · Answer

You get whatever you are entitled to under the trust. It may be that there is nothing there. However, you probably ought to talk with a local attorney about the issue on the off chance they are trying to cheat you of something.

John Brennan · Answer

Show me the paper, the will and the trust are normally separate.

Randall Romei · Answer

Assets transferred to the Living Trust before death or transferred to the Living Trust pursuant to the terms of the Will are distributed in accord with the terms of the Trust and not the Will.  It may be possible for a later executed Will to revoke a Trust if the Trust permits a revocation by Will and the Will is explicit in revoking the Trust. You will not receive any distribution directly from the probate estate if you are disinherited under the Will but assets could go from the probate estate to the Trust in accord with the terms of the Will and then be part of the distribution to you in accord with the terms of the Trust.  The probate estate does not contain assets that are in the Trust and does not exert control over the Trust.  The Will does not control once assets are put into the Trust.

Jayne Sebby · Answer

A person has no legal obligation to leave anything to a child.  Unless you can prove that the will was fraudulently made or that someone unduly influenced your father at the time he drafted the will and that he would have included you but for the influence, you will receive none of the assets included in the will.

Richard Keyes · Answer

In Missouri, if you are listed as a beneficiary in the trust, then you have a right to see the trust.  You also have the right to get information from the trustee as to the assets in the trust and share in the distribution per the terms of the trust.  Please see an attorney for more details.  You may have to file suit against the successor trustee for breach of fiduciary duty if the successor trustee to your father's living trust fails to cooperate.

James Malinowski · Answer

The "Will" passes assets that were solely in your father's name at the time of his death. You would not receive any of those items. The "Trust" passes assets that were in the name of the trust. If you father has transferred assets into the name of the trust, you should receive your share.

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What can I do if my father disinherit me in his will years ago but named me in his living trust before he passed away?

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