How do I access my inheritance?
I need to know what to do/not do when my 95-year-old mother dies.
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If the money is in a trust, the trust terms control where it goes (Uniform Trust Code § 813). If you’re a beneficiary, you’re entitled to a copy. If Mom refuses, a local attorney can ask the court to compel disclosure. If you’re not a beneficiary, you’re not entitled to trust info. From what you’ve said, it sounds like you are a beneficiary. Your next step is to get a copy of the trust—ideally before Mom passes.
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I need to know what to do/not do when my 95-year-old mother dies.
Lexi, Chatbot
I’m sorry to hear about your mother. Have you made any preparations?
She’s been in control of my inheritance since my father died in 2005. A lot of that money was from my father.
Lexi, Chatbot
Do you have a will or other documents for your mother’s estate?
I understand one does exist. My brother has been helping her with finances and lives a few minutes from her. I’m about 90 minutes away.
Lexi, Chatbot
Anything else the lawyer should know?
She hasn’t died yet—she turns 96 in December and is getting very frail.
Phil (Immigration Phil)
I’m Philip, a licensed attorney. Why is your mom controlling inheritance you received from your father? Was there a trust?
There was a trust, but it “goes away” when she dies. It might be hundreds of thousands of dollars. They don’t tell me much—they never liked me.
Phil (Immigration Phil)
That’s not typical. What’s your relation to the trust—are you a beneficiary?
My brother has some mental health issues and I’m physically disabled.
Phil (Immigration Phil)
Are you a beneficiary of the trust?
I’m not sure which assets are in it, but I’m pretty sure it includes money from my father, who died in 2005.
Phil (Immigration Phil)
What specific questions do you have?
I need a plan for what to do—and NOT do—in the first days, weeks, months after she dies.
Phil (Immigration Phil)
In what regard?
Including what not to do. Last time I learned the trust balance, it was over $300K (a long time ago).
Phil (Immigration Phil)
What do you mean the trust “goes away” when she dies?
Apparently the plan is to distribute it between me and my brother (my only sibling). He has grown children; I don’t.
Phil (Immigration Phil)
If the money is in a trust, the trust terms control where it goes (Uniform Trust Code § 813). If you’re a beneficiary, you’re entitled to a copy. If Mom refuses, a local attorney can ask the court to compel disclosure. If you’re not a beneficiary, you’re not entitled to trust info. From what you’ve said, it sounds like you are a beneficiary. Your next step is to get a copy of the trust—ideally before Mom passes.
I don’t want to spend a huge chunk of the money on advice.
Phil (Immigration Phil)
If you have specific questions, I’m happy to answer. First, contact Mom and ask for a copy of the trust. If you’re a beneficiary, you’re entitled to it.
So the next thing is to get a copy of the trust!
Phil (Immigration Phil)
Correct. With it, I can explain exactly what you’re entitled to.
Okay, at least now I know.
Phil (Immigration Phil)
Any more questions?
I think there are assets outside the trust.
Phil (Immigration Phil)
What assets, and who owns them?
Money she’s gotten since 2005.
Phil (Immigration Phil)
Assets outside the trust likely belong to Mom; her will determines who gets them.
She’s been getting my father’s survivor pension and doesn’t spend much.
Phil (Immigration Phil)
That’s Mom’s money and will pass under her will. Do you have a copy?
Maybe on paper. I haven’t set up my scanner yet.
Phil (Immigration Phil)
The will governs non-trust assets.
It’s old—the address isn’t current.
Phil (Immigration Phil)
Age doesn’t matter.
I’ll check if she changed it when Dad died.
Phil (Immigration Phil)
Certainly.
So right now it’s a paper chase.
Phil (Immigration Phil)
Consider asking Mom for a copy.
She’s not computer-literate—no computer or cell phone.
Phil (Immigration Phil)
You don’t need a computer to create or share a will.
My brother handles her affairs. She’s not that aware, plus long-standing mental illness.
Phil (Immigration Phil)
Ask your brother. If Mom passes before you, her will determines where her property goes.
I can’t just go in with a point-and-shoot and take pictures—tempting!
Phil (Immigration Phil)
Better to ask permission to review the document.
I emailed my brother. He’s a night owl; I’m an early bird, so he might not reply right away.
Phil (Immigration Phil)
I wish you the best.
Thank you—we may chat again.
Phil (Immigration Phil)
Welcome.
Phil (Immigration Phil)
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