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Hi, I have a serious problem, my parents made a rev trust together in 1993, dad died in 1995, assets belonging to mother as survivng spouce remain in that prior trust because they were never transfered to her in succession.
40+ years of accumulated assets etc (40 yrs as of 1995) remain in that prior 1993 trust, these assets need to be moved to her newly created trust because that prior trust was revoked by her new one ,
Now in probate opposing council is attempting to close proceeding claiming that all assets are not in the probate estate that they are in the trust. However The trust they are refering to is the old revoked trust which is where these assets remain to this date. court is not aware that her new trust (the one which revokes the prior ) is not the one which holds the assets, they have yet to be clued in to the details that assets remain in the prior revoked trust and not in her new trust.
Dad died in 1995 and these assets have yet to be given to her by right of sucession.
what can I do to teel the court of this and keep proceedings on my moms estate open, assets have continued to accumulate and have been in my brothers controll, he must be made to give up ownership of these assets which rightfully do not belong to him, they belong to my parents estate.
feeling helpless !! someone pls help!