Legal Question in Real Estate Law in California

My brother is a administrator of trust for a minor, who is supposed to inherit this property at age 21.Minor`s father (Divorced) passed away a few years earlier. After buying some expensive presents (sports car), he asked the minor (age 20 and 8 months ) to make his own trust and then change the beneficiaries to himself and our sister, eliminating me, a a beneficiary in the original will made by minor`s dad, without notifying me.. Six months later, the minor passed away from a medical condition, a serious condition, we all knew.The property is worth over 1/2 million dollars, has been sold and I get a letter from an attorney that the assets have been distributed to him and sister.

Do I have any say in it?


Asked on 8/26/14, 10:58 am

3 Answers from Attorneys

Bryan Whipple Bryan R. R. Whipple, Attorney at Law

At age 20 years and 8 months, a person isn't a minor. The age of adulthood is now 18 years in nearly every state, including California. Adulthood for most legal purposes is not to be confused with the legal drinking age under alcoholic-beverage laws, which continue to specify 21 as the age of majority. Nevertheless, you should probably have a lawyer who practices in the specialty area of wills, trusts and estates review all of your facts for possible hanky-panky. There is some possibility of wrongdoing here, including possible violation of a trustee's duties.

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Answered on 8/26/14, 11:09 am
Terry A. Nelson Nelson & Lawless

If I understand you, the original will and trust gave all property to the minor and no one else. You were to inherit nothing from the original, right? If so, then you have no claim on the property unless the will/trust was written in a way that could be attacked for omitting an heir [you], or if it was written under duress or while the person was incompetent. It would have to be examined as to that possibility. A similar argument applies as to the new will and trust of the 'minor'. If you can show any of those defects you might have a claim if you bring it timely, so don't delay.

If serious about hiring counsel to help in this, and if this is in SoCal courts, feel free to contact me. I�ll be happy to help fight and get the best outcome possible

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Answered on 8/26/14, 11:17 am
Anthony Roach Law Office of Anthony A. Roach

You introduce three males: your brother, the minor, and the minor's father. You then use the pronoun "he." Which of the three males does your use of the pronoun "he" refer to?

In other words, I cannot understand this at all.

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Answered on 8/27/14, 6:51 am


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