How to Find Out if there's a Trust?

[thems]

My X-husband passed last year and just a few months prior to that had received an inheritance. He told our son that he had made up a trust and placed the inherited money in it for him to use for his college education. He also put his second wife (who no one gets along with) in charge of the trust as the Executor.

My son is upset because he is hearing rumors that she is spending some of this money. My concern is that while my x-husband talked about creating a trust it is very possible that he never followed through and finalized the process. The second wife will not provide us with a copy of the documents and will not confirm or deny the Trust's existence.

My question is how can we find out for sure if there is a trust with my son named as a beneficiary? And if he is named, how can we go about having the account audited to ensure the money is there for him next year when he needs it?

I am assuming if there is no trust than my son will not be entitled to any of his father's money. Thanks so much for your feedback.

 

[Michael Wechsler]

Let's start from the beginning - was the estate in probate court? This is a good place to start.

My X-husband passed last year and just a few months prior to that had received an inheritance. He told our son that he had made up a trust and placed the inherited money in it for him to use for his college education. He also put his second wife (who no one gets along with) in charge of the trust as the Executor.

My son is upset because he is hearing rumors that she is spending some of this money. My concern is that while my x-husband talked about creating a trust it is very possible that he never followed through and finalized the process. The second wife will not provide us with a copy of the documents and will not confirm or deny the Trust's existence.

My question is how can we find out for sure if there is a trust with my son named as a beneficiary? And if he is named, how can we go about having the account audited to ensure the money is there for him next year when he needs it?

I am assuming if there is no trust than my son will not be entitled to any of his father's money. Thanks so much for your feedback.

 

[thems]

As far as I know, No. My X had no money or property of his own until his mother's estate was distributed shortly before his own death. Due to his illness he was not employed the last few years and only was approved State Disability shortly before his death. His wife did own her home before they met. As I understand it, the mother's estate would not distribute funds to a deceased trustee unless they had written instructions, so his wife encouraged him to create a trust in case the mother's estate was not distributed before his death.