Living Trust

My father recently passed away and my brother and I (the only children) were given the impression that we were included in a Living Trust.
Our step mother, who we have had a very poor relationship, appears to have done things to omit us from any inheritance (his estate was sizable).
We suspect she may have change the Trust prior to his death. How do we find out (entitled to a copy of the trust) if we are even benificiaries.

Explain the "done things" and the method of how SHE could change anything. Remember, whatever he said in his Will, and in the Trust, would have had to have been signed by him and, most probably, prepared by his attorney. So, also explain why an attorney would place his/her license to practice "on the line" by defrauding you AFTER your father's death.

The "Living Trust" converts to a Trust after death.

About a year or so before my fathers death, my step mother obtained a Power of Attorney after he had a Hip replacement. Well he and his wife began having problems about her selling off property with out his knowledge or consent. He confided in this with my brother and I.
There was a big is issue about her trying to sell off there ranch home, and he didn't want to do that and even told my brother and I that he wanted leave part of the ranch to us. Well she made it very clear to us, that no way no how were we to have any part of the ranch property. But she did say that my father was leaving us something in his Living Trust.
I also should mention that my father was 93 years old and becoming senile.
We had a debate with my Step mother whether he had Althizemers, she insisted he did, my brother and didn't know for sure, but he was being treated for it.
Well several months before my dads death, he told my brother and I that there had been a signing of documents (shoved in front of him) and he didn't remember or wasn't aware of what he was signing. We couldn't believe he had done this, not like him. We questioned him on this several times later, and he didn't know.
I suspect that my Step mother my be responsible for UNDUE INFLUENCE and Abuse.
And this we suspected this way before his death, even looked at options of what to do about this, but found that this was hard road to go down.
Anyway, there are probably more details to point out, if my brother and I find that we have a case to pursue.
Its been about a month since my fathers death and we have heard not one word or have asked about this with my Stepmother.
I am aware that time is critical in matter like this.
Any advice/info would be greatly appreciated.

You said, "my step mother obtained a Power of Attorney after he had a Hip replacement. Well he and his wife began having problems about her selling off property with out his knowledge or consent."

That statement makes absolutely no sense whatsoever. He may have "confided" in you, telling you verbally that he didn't like what she was doing, but the fact remains that HE signed a Power of Attorney and never withdrew it. By signing a POA, he did, in fact, have "knowledge and consent." By signing the POA, he allowed his wife to "act" for him, just as if he was the one conducting his financial affairs. The written word always takes precedence over the spoken word.

I don't think you and your brother have a prayer. The POA is now expired due to your father's death, but that doesn't mean that she did anything wrong PRIOR to his death. Remember, he was the one who allowed it to happen - - in writing!

If you and your brother feel differently, or wish to see the Trust paperwork, I would suggest that either or both of you consult with a local Estate or Probate attorney.

Good luck.

I think that you are ignoring the fact that my father was being treated for Alzheimers. One thing that I didn't mention was that he was close to blind due to macular degeration. He no longer had the ability to drive (to go visit his attorney) and was not permitted by his wife to make phone calls unless they were on the speaker phone when she was there to listen. The few times that she left the house and he could call either myself or my brother, he would call us but he had to quickly hang up mid-conversation if she came home. This left him without being able to have a full conversation with his attorney. He also was either due to the Alzeheimers or Senility, not always aware of his circumstances. His physician told my brother that he felt that there may be some elder abuse going on and that my brother should do something about it. That is when we looked into it and found that it would be difficult or impossible to prove and didn't follow through. What we are really trying to find out at this time: (1) Are we permitted to see the trust so we even know if we are in it--not fight what is in the trust. From what we have read previously as his only natural children and married to someone other than our mother, we may have the right to at least view the trust. If so, how do we get a copy of the trust, (2) Find out whether there was a will and should the estate go through probate, and (3) Are there time limits involved here. After we SEE the trust and/or will, then my brother and I can decide whether to move forward to do anything or let it lie.

. . . and you keep adding new facts with new twists and turns. The next thing you'll tell me is that he couldn't have signed the POA because he had no arms. I'm not going to play guessing games with you.

Please, do yourself a favor and go see a local attorney, like I suggested. Pay to have a letter written to her.

I came to this forum to get some help and advice...I get someone with a ATTITUDE. Your worthless to say the least. Your advice I could have figured out for myself!!!

You'd have an "attitude" too if I kept changing the facts on you!

No wonder you're not going to get anything from the Estate! Oh, and the fact is, you DIDN'T "figure out" anything for yourself!

You'll stay poor.

Do you log on to give advice or give judgement?-ooh holier than thou.

Both, as posts warrant. Yours, however, required the "holier than thou" type.

When you keep changing, or adding, new facts to your situation, then my type of response is all you can expect.

Get your facts straight before you post a question.

But, you know something? I really don't care any more (if I ever did). You're the one who must live with the situation, not me.