Trust

Hi Terry,

My father passed away last August, my grandmother, his mom, left a living trust with my aunt in charge of this trust. My grandmother owned 261 acres of farmland to be split between my aunt and my dad, her only two children. I’ve asked my aunt for a copy of the trust, she claims she doesn’t have one, her attorney doesn’t have one, and the attorney who drafted the trust is possibly deceased.

My dad has three children and I’m the sole executor of his will. I have a copy of my grandmother’s will, and it also mentions the division of the property. My dad’s will talks of this property and it’s to be divided by his three children. My aunt took it upon herself to take the earnings from the farm and divide and send a portion of the profits to each of my dad’s children.

My problem is, now that we accepted this payment, it has affected our taxes and we can’t get our taxes done because my aunt is not giving what is known as a K-1, I’m told.

I understand I can’t get my father’s taxes done, I can’t get my taxes done, and I’m assuming I will be forced to pay a penalty for being late. My attorney didn’t catch this problem with the taxes.

What can I do? I think my attorney should have advised me to return the check so it wouldn’t mess with my taxes.

What can I do if the trust can’t be found? Frankly I believe my aunt has a copy but she’s very controlling and is not a fan of mine. Can I force her to pay any penalties and attorney fees if she doesn’t start cooperating? I’m at my wits end. Please help.