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Helmsley's pet trust was poorly drafted...
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Trustee steals from trust he administered for his daughter...
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Heir grievances lead to estate litigation...
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Does Anna Nicole Smith's will contest provide any lessons for the rest of us?...
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Q: I'm not getting what I'm supposed to from my parents' estate. What can I do about it?
A: That all depends on the reason you aren't getting what you're supposed too. If there is a valid trust or will and you simply have not received what the trust says you're supposed to then you will need to file a petition with the probate court to compel the trustee or executor to carry out the terms of the trust. If the trust or will was changed before your parents' death to disinherit you, then you'll need to challenge the new trust or will. This requires going to court and filing a trust contest or will contest. If you are not getting what you're supposed to because the property was transferred to someone else before your parents death than you'll need to see what the circumstances surrounding the transfer were. If there is an innocent reason for the transfer you may not be entitled to the property left to you in the will or trust. If there is not an innocent reason for the transfer, such as incapacity, fraud, or undue influence, then you will need to go to court to challenge the transfer.
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