Legal Question in Wills and Trusts in California
Probate Law (?)
I just got an accounting of a ''Living Trust'' that I am a beneficary of. This trust was amended 5 days before the stroke victim passed. I know that they did not disclose all the assets (ie: cars, cash on hand, etc) and have provided me with a release to sign. In the trust I am alloted $10.000. I was also promised 8 cars before death, which are not mentioned in the accounting report or trust. What is my recourse
4 Answers from Attorneys
Re: Probate Law (?)
Sounds like you may have a case of undue influence. You may need to file a civil lawsuit contesting the distribution under the trust. The risk you run by doing so is that you could lose your right to the $10,000 if the trust has a no contest clause. Also, you are entitled to a complete accounting, one that includes all the assets including all cars and all cash and all disbursements. I would recommend against signing the release until after you have thoroughly discussed this matter with an attorney.
Re: Probate Law (?)
I agree with Mr. McCoy. Do not sign a release. You are entitled to a complete accounting. It also looks like a case of undue influence.
If you would like a free initial consultation, please contact me. I have over 25 years experience in estate administration.
Good luck and thank you for your inquiry.
Re: Probate Law (?)
I agree with Mr. McCoy. Do not sign a release. You are entitled to a complete accounting. It also looks like a case of undue influence.
If you would like a free initial consultation, please contact me. I have over 25 years experience in estate administration.
Good luck and thank you for your inquiry.
Re: Probate Law (?)
You have options. If you'd like to discuss them in detail, call me.
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