Trying to get inheritance
My grandma died 4 years ago. In her will, she left me ”five acres or the cash equivalent”. My mom is the executor of the will, and trustee of the trust. The will and trust have never been filed at the court. The trust leaves everything to my mom and uncle. We have always assumed I would get the ”cash equivalent”, because they would not sell me the house with the property. There are no other assets in the trust (just the house and attached acerage.) I just found out that they are selling the house to my sister on a land contract (no money down, payments to be ”whatever she can afford.”) Since they will not be getting a lump sum of money in selling the house, how could I get my money? Also, mom once mentioned that they had a quit claim deed signed by grandma from years ago that wasn’t recorded. If this gets recorded, making the house hers and my uncle’s, does that mean the trust has no assets to pay me, and I get nothing?
: Trying to get inheritance
You can force the issue by filing an action in the probate court. This could also stop any sales and any action on the property pending the action of the court. Then you can discover the status of the property.
TIme is of the essence!
Should you need any assistance or have any questions, contact me.
henry lebensbaum
Law Offices of Henry Lebensbaum (978-749-3606)
300 Brickstone Square, Suite 201
Andover, MA 01810-1497
Re: Trying to get inheritance
The simple answer is that you need to speak with an attorney. There are too many questions to ask on this forum based upon the limited information provided, including whether any reason was given for not probating the will, the relationship between the will and the trust, whether the will was executed after the deed, why the deed was never recorded, the competency of your grandmother when the will and trust were executed, etcetera. There are various actions which could be taken depending upon the outcome. It is also not clear how the trust came to own the house and acreage.
Please feel free to consult with my office or another capable attorney, and you should probably do so soon, at risk of losing certain of your rights.
Herbert Cooper
Law Offices of Jameson & Cooper
8 Grove Street Suite 205
Wellesley, MA 02482
Re: Trying to get inheritance
The Executor has no authority to sell anything unless the will has been admitted to probate and the Executor receives an appointment. If the deed allegedly transferring the property to the trust was not recorded during your grandmother’s lifetime, it is possible (depending on other facts!) that title might not have been transferred at all. The trustee cannot sell something that the trust does not own.
This is clearly something of a mess and should be carefully reviewed by an attorney — the sooner, the better. Please contact me if you wish.
Alexandra Golden
Golden Law Center
200 Highland Avenue, Suite 302
Needham, MA 02494