Legal Question in Wills and Trusts in California
I did'nt know my deceased father who lived in Arkansas had a trust later finding out that after his wife passed on in 10/2010 that one of our sisters received personal property and also property(estate) Myself and my baby sister were not even informed that there was a trust and we were not mentioned in this trust. Should'nt we have been told why and told there was a trust so we could have questioned my father? He had 4 daughters not one? Is there anything we can do now?
1 Answer from Attorneys
As a general rule a person who sets up a trust has no obligation to explain to any relative why that person is not being mentioned in the trust. Also, as a general rule, many people who set up trusts in which they do not treat their children equally do not discuss or show all of their children the trust while they are alive because they don't want to have to justify themselves to their children. Because a trust avoids probate which is a public proceeding, omitted relatives from a trust don't have to be informed of the trust. There may be specific Arkansas rules that apply so you may want to check with an Arkansas attorney.
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