Legal Question in Wills and Trusts in California

i RECENTLY FOUND OUT THAT MY FATHER'S TRUST WAS REVOKED. DOES THAT MEAN THAT THE WILL IS USED IN ITS PLACE? WHO FILES THE WILL? IN CALIF IS IT THE LAW TO FILE THE WILL? HOW MANY TIMES CAN SOMEONE APPEAL?


Asked on 3/11/11, 6:58 pm

1 Answer from Attorneys

George Shers Law Offices of Georges H. Shers

If before he died your father revoked his trust, then all the assets would be subject to his Will. Are you saying that someone besides your father tried to make the Trust void; if so, you need to see that the Trust was actually found not valid as I suspect by your questions yo may not really know that it was voided. Anyone who has an interest in the Will, beneficiaries, creditors, the executor, can file the Will and it must be filed if the total gross assets are $100,000 or more. Appeal what? The general rule is that you can only appeal a final judgment or act and only once at each court level.

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Answered on 3/11/11, 9:03 pm


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