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Staffbull18 Asked June 2018

What Is an irrevocable trust?

GardenArtist Jun 2018
Staffbull, take a break. Trusts aren't the easiest documents to comprehend; so spend the rest of the evening doing something you enjoy. The issues will still be there tomorrow.

It sounds like the issue of a trust really isn't applicable, since your father has already passed. So, that's one issue that I think you can set aside.

Another option is to check the sides of the paper on which the will is printed (or the "blueback" if there is one (some attorneys still use them), and see if there's a law firm name. In my experience, secretaries for the firm typically witness estate planning documents.

You could call the firm, ask if the witnesses are still available, speak to them and explain that you need to know if a trust was prepared. Be prepared to identify yourself fully, or hand deliver (safer than first class mail) a letter with a copy of your driver's license or other ID that proves you are who you are and have standing to ask about your parents' estate plan. You could also ask for a short meeting and provide identity then.

Let me think about this situation more and hopefully think of possible approaches...tomorrow.

Staffbull18 Jun 2018
Yes it just states at the beginning that she is executor and responsible for the bills and she is given everything and there is a section where it states if my mom died before my dad he gives the rest of my property in trust to my brother and I as trustees and I think I am right there is no trust since he died before him and to my knowledge I have never heard anything about a trust If I missed a question please let me know my head is full of everything thank you

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GardenArtist Jun 2018
Staffbull, I assume this question is related to your other question on your brother, your parents, your father's will and a "trust"?

https://www.agingcare.com/questions/My-brother-has-said-he-is-done-with-my-mom-because-of-my-daddys-will-he-said-thats-the-final-will-ye-439538.htm

An irrevocable trust is one which cannot be changed; it becomes "cast in concrete" when it's executed.

Is this the kind of trust you're referring to in the cited post? I got the impression you were referring to a living trust, but as I read the title of your other post, the trust would be in effect if your mother died first, which she didn't.

Are you saying that the trust, which wasn't in effect, is an irrevocable trust?

"It states that if my mom died before my dad it would go into a trust and my brother and I would be trustees see my dad said that if that happened I would get half of the income from the farm my mom will gives my brother 290 acres minus 10 acres and her house to us would it go by my mom or Dad will my father died in 2016"

Take your time, think about the situation, and post back when you feel up to it. A few issues need to be clarified before good answers can be offered.

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