How do I access my inheritance?
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.
Upvote if this is a clear answer
Downvote if this is not a clear answer
Create DocumentFull Conversation
I need to know what to do/not do when my 95-year-old mother dies.
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.
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.
Anything else the lawyer should know?
She hasn’t died yet—she turns 96 in December and is getting very frail.
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.
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.
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.
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.
In what regard?
Including what not to do. Last time I learned the trust balance, it was over $300K (a long time ago).
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.
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.
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!
Correct. With it, I can explain exactly what you’re entitled to.
Okay, at least now I know.
Any more questions?
I think there are assets outside the trust.
What assets, and who owns them?
Money she’s gotten since 2005.
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.
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.
The will governs non-trust assets.
It’s old—the address isn’t current.
Age doesn’t matter.
I’ll check if she changed it when Dad died.
Certainly.
So right now it’s a paper chase.
Consider asking Mom for a copy.
She’s not computer-literate—no computer or cell phone.
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.
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!
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.
I wish you the best.
Thank you—we may chat again.
Welcome.
