| Can I do a probate search for a trust myself? |
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scottbl
First Time Poster
Cash: $ 0.25
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Joined: 05 Jan 2007
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| Can I do a probate search for a trust myself? |
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Hi,
My mother died in the end of November. She had no real estate or anything of any real value.
I'm still going through some of her stuff and have not found a will. I'm pretty sure she didn't have one because the only things of any value to anybody in her ratty little smoke permeated apartment were family pictures, nick-nacks and so forth. I'm sure she figured my siblings and I would just share these items as we wished. And that we did.
In 1993 she inherited about $30000 when my grandmother died. At the time she talked about maybe putting it in a trust for her (future) grandchildren, but maybe could supplement her income from it also if she needed it.
Well, she and I weren't communicating very well at the time and I don't know if she ever made the trust.
THE PROBLEM: She had a $25000 balance on a debt consolidation loan. But after paying final hospital bills, cremation etc. out of her checking account, I only have about $5500 left. I called the creditor and they said the best they could do is they would take half the balance due. The person said that after 60 days of non payment, it would go to collections and they would do a "probate search" for trusts or assets.
THE QUESTION: Is there any way I can search for a trust(or will) myself? If I wait two months and they do find one, then there's bound to be more interest and late fees tacked on. I'd rather find it now myself and avoid those extra charges if possible.
Are trusts a matter of public record by default? I mean, when one is drawn up does the lawyer register it with the state or county or something like that?
Thanks
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Fri Jan 05, 2007 10:13 pm |
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efflandt
Senior Member
Cash: $ 80.45
Posts: 401
Joined: 25 Apr 2005
Location: Elgin, IL USA
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You might see if you can find tax records, or have her mail forwarded and keep an eye open for any statements. If there is money tucked away somewhere, there should hopefully be some accounting of it (annual statement). But the fact that she had a loan may mean that the money was used up.
A trust would not necessarily be public record unless she had publically recorded property in the name of the trust (like my sister did with her home so it will benefit her daughters and not her ex).
You probably should have consulted with an attorney to see if you divied up anything you should not have. You may be able to get advice from one of the forums at the bottom of http://forum.freeadvice.com/index.php (but don't expect too much, you may get what you pay for).
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Sun Jan 07, 2007 5:17 pm |
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