Legal Question in Wills and Trusts in California
200mill trust and stepbother/sister say I am not entitled
Father died, left 200mill trust and step bother/sister say I am not entitled though I am only blood son. He got the money from his second wife who passed 10 years ago. Who and how do I contact with state, to see about getting copy of trust.
7 Answers from Attorneys
Re: 200mill trust and stepbother/sister say I am not entitled
Generally, under California law, when someone dies with a trust, the trustee must notify all beneficiaries and heirs within 60 days of death. Also, each beneficiary/heir has a right to request a copy of the trust.
Re: 200mill trust and stepbother/sister say I am not entitled
You need a lawyer big time! It is not clear from your post exactly what is going on. It is quite common in a second older marriage that the people transfer their assets to a trust for their children first. That way they get to keep using the money, but they protect their assets from descendants of the new spouse. That sounds like what is going on, but I'm not sure. If it is you are out of luck. But if your father made provisions for a trust, I don't see why you would be excluded.
Send me an email and I've got a lot of contacts in California that can help you.
Sterling L. DeRamus
Re: 200mill trust and stepbother/sister say I am not entitled
Do you have any indication that your father included you as a beneficiary in the trust? If so, you might have the right to sue the trustees of the trust (your stepsiblings?) to get a copy of the trust. You should consult a lawyer.
Re: 200mill trust and stepbother/sister say I am not entitled
You should ask your step brother and/or step sister who is the trustee of your father's trust. Under California law the trustee is required to provide you with a copy of certain portions of the trust agreement as a result of your father's death even if the trust agreement specifies that all of the property is to be distributed to your step brother and step sister.
Please call me on Monday at my office if you would like to discuss this further.
Regards, Cynthia Catalino
Re: 200mill trust and stepbother/sister say I am not entitled
Please allow me to join the chorus of attorneys answering this question! There are a number of ways in which sons who are omitted from wills and trust instruments can claim they are entitled to some or all of the estate. It is certainly worth taking legal action to get a copy of the trust instrument. Please feel free to call me day or night.
Re: 200mill trust and stepbother/sister say I am not entitled
I am sorry for your loss.
It sounds like you need an attorney to demand a copy of the trust to determine what is going on.
If would like a free consultation, please telephone me. I have over 25 years experience in probate and estate administration.
Good luck and thank you for your inquiry.
Re: 200mill trust and stepbother/sister say I am not entitled
You should take action now. Call me directly 1.619.222.3504.