Legal Question in Elder Law in California

AB trust

my wife' aunt and uncle were married for 40 years. together they had no children, but he had 2 from a previous marriage. in order to leave their assets to the proper heirs they had a trust. aunt dies in 1990 and uncle calls to say we will be contacted by attorney to explain the trust. nothing happens. he takes up with a ''lady'' and virtually diasappears. they were never married. upon uncle's death nothing further ever transpired. we contacted the ''lady'' and she effectively told us to get lost-said everything was hers. estate has never been probated, nothing ever filed in court, and we have no proof that she even has legal right to this estate. we contacted the lawyer handling their affairs and he was unwilling to provide any documentation even though there was almost 100 pages in their file.this lady he hooked up with has a history of befriending vulnerable elderly and taking everything-legally or otherwise.we need to know if there is a way we can find out what has transpired and get the attorney to produce paperwork substantiating this.there are more twist and turns to this, but space is limited.


Asked on 12/06/03, 11:52 am

4 Answers from Attorneys
Terry A. Nelson Nelson & Lawless

Re: AB trust

No question, you must see an attorney immediately to file the proper court paperwork and start the process of probate. If the deceased or the property is in Southern Calif, contact me if interested in doing so.

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Answered on 12/08/03, 1:22 pm
Scott Schomer Schomer Law Group

Re: AB trust

Find an attorney familiar with probate and financial elder abuse in the area close to your uncle's residence at the time of his death. These are difficult cases and you need to act quickly if there is any basis to preserve your uncle's assets.

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Answered on 12/08/03, 4:25 pm
Michael Olden Law Offices of Michael A. Olden

Re: AB trust

I know what's wrong with the woman "he took up with", she's a thief but what is wrong with you and your wife. Why haven't you seen an attorney yet. Time is a wasting and time is not on your side. You must, do you understand a word must, get to an attorney who is specialized in probate/estate planning. The attorney handling the estate now has no right to refuse you access to the trust if you are named in the trust. Additionally, even if you are not your relative and have a right to see the documentation. I would file a probate immediately and make them going to court and talk to the judge who will not like what they have to say. Again, get off the Barcalounger into the attorney's office. Notifying the police to find out if they have a previous record or rest would be possibly beneficial. If they've done this before this is not only a civil wrong but a criminal act. There are statutes against elder abuse and this definitely would qualify.i have been practicing law in this speciality for over 30 years in the san francisco bay area and if you wish to consult with me you can contact me at 925-945-6000.

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Answered on 12/06/03, 2:17 pm
Mina Sirkin Sirkin & Sirkin

Re: AB trust

File for probate administration and subpoena his records. Definately see a lawyer for this.

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Answered on 12/06/03, 9:45 pm


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