How much am I entitled to know about mother’s estate?
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How much am I entitled to know about mother’s estate?
I am named in my mother’s Will even though we have been estranged. She passed away last week in UT. Several things have been going on about which I have questions, but my main concern is that, according to some “spies” of mine, she asked on-line how to create a trust “to save the house” after mom took a turn for the worse. She has POA and this was more important to her than being with mom before she passed, and I was wondering if she could change the will or create a trust with POA to exclude me. She has also been removing items. Does the “house” include contents not stated in the Will?
Asked on September 5, 2011 under Estate Planning, Utah
Answers:
FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
If your mother passed away with a will in existence, it is subject to probate and will be a public document that you can review. The will is filed in the superior court's probate action. If there is a trust where you are a beneficiary under it, you are entitled to a copy of the trust just like you are entitled to a copy of the will if you are a benficiary under it.
A will speaks at death. The person holding the power of attorney for your deceased mother cannot change any will or trust of your mother. Under the laws of all states in this country, a person holding a power of attorney cannot change a will or trust of the person who gave the power.
As to who gets what under the will or trust as designated, your answer will be in the will's or trust's specific language as to which beneficiaries receive what items.
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