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Can i reopen a settled trust estate case if i was not aware that there was a pour over will until after signin?

  
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Can i reopen a settled trust estate case if i was not aware that there was a pour over will until after signin?

Postby condan » Sat Apr 09, 2011 7:41 pm

I was omitted from my fathers trust estate but it did not state why. My brother was executor . I did not know there was a pour over will until after I had signed a settlement agreement. The attorney representing me had to send me the whole file when I was going to sue him for legal malpractice. That is when I found out there was a pour over will. .The final order and release agreement was july 19, 2007.
condan
 
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Can i reopen a settled trust estate case if i was not aware that there was a pour over will until after signin?

Postby adaya » Sat Apr 09, 2011 7:45 pm

I don't know if you would be able to or not, however, i am not sure what you would accomplish if you were to re-open a settled trust (that you were omitted from), simply because you have discovered that there was a pour over will? - Since pour over wills are typically used in conjunction with a trust, as a type of safety net or "catch all" to catch any remaining/unknown/forgotten assets that a person might have had left (outside the trust), by simply "pouring them over" or transferring them, into the trust itself, (which, you state that you were already omitted from), upon their death...

So, unless you were specifically listed/named in the pour over will, as a beneficiary of any of those remaining assets? (if there even was any), then, unfortunately, i don't see how the pour over will would not make any difference to you, anyway.

As difficult as that may be, from what information that you've included here, sounds like I would just save my money (& time, energy, sanity, etc.), & do the best i could do to move on. Hopefully, this has not caused too much animosity within your family, as it so often does...whatever your father's reasons being were. I wish you the best of luck, & i hope this helped.
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