How can I find out the terms of my father’s Will?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
How can I find out the terms of my father’s Will?
My father passed away 5 years ago and left me a Trust fund. My aunt was his POA, therefore she is the one who takes care of it all. I never got to be there for the reading of the Will because when he passed I was underage. I am 21 now. I know Trust funds you should be able to get at age 18 but my aunt is telling me that I can’t until I’m 30. I don’t believe it; my family has lied to me before. I am in need of my money now because I am expecting. I wanted to know how I can find out what my father’s Will really says?
Asked on July 25, 2014 under Estate Planning, Ohio
Answers:
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 9 years ago | Contributor
Well first, congratulations. If your Father's Will created a Trust then the Will was probated in the Probate Court in the county in which your Father resided at the time of his death. The file is a public record and it can be viewed by simply going down to the court house and looking up the index number (that is how it is filed) and asking to see the file. Now, if your Father created the trust he could indeed have made the funds inaccessible to you until you are 30. He could create the terms. I am not saying you should follow blindly what is told you and not go and get a copy but I don't want you to be upset if in fact the document says "30." Now, I also want to touch on the issue of your Aunt and her powers. The Trustee has power over the Trust. A POA does with the person for who it is enacted. So that is no longer in effect. She may now be the Trustee and if that is the case, then you should be able to get a copy of the Trust document from her as well. She has to give it to you. Good luck.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.