Legal Question in Wills and Trusts in California

In 2008 my mother passed away, at that time I was aware that she was included in my grandparents trust and was the POA for my grandfather. My grandmother told me that they would be putting me in my mothers place in the trust. Both my grandmother and grandfather have passed away since. Do I have any rights to see the trust or to my mother share?


Asked on 8/15/10, 10:56 pm

4 Answers from Attorneys

It all depends on the trust documents. You need to have them reviewed by an attorney.

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Answered on 8/20/10, 11:53 pm
Anthony Roach Law Office of Anthony A. Roach

If the trust was not amended before your grandparents death, it is too late for it to be amended now, because it has become irrevocable. If you are named as a beneficiary in the original trust, or in any amended trust, then you have a right to see the trust instrument.

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Answered on 8/21/10, 8:08 am

I am sorry for your losses.

Because your grandparents' assets would be passing through their trust, the trust documents will determine whether and what you receive from them.

It is possible that, even though they might not have amended the trust to include you, you may receive something through your mother's share.

Therefore, you really need to have an attorney review the trust documents. You should also get an idea of what the total value of the property is in the trust, if possible.

Let me know if you want to discuss this.

J. Caleb Donner

email: [email protected]

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Answered on 8/24/10, 2:04 pm
Jonathan Reich De Castro, West, Chodorow, Glickfeld & Nass, Inc.

I would start by demanding a copy of your grandparents trust ASAP and have that trust reviewed by an attorney. The trust document will detemine what rights, if any, you have.

If we can be of assistance, please feel free to call me to discuss your matter further.

Jon Reich

310.478.2541

IMPORTANT NOTICE: The above response is not intended to, and does not, create an attorney-client, fiduciary or other confidential relationship with the responder. Neither does it constitute the providing of legal advice or services or the giving of a legal opinion by the responder. Such a relationship can only be created, and legal advice and/or legal services provided, pursuant to a written agreement with the responder. Accordingly, no obligations of any kind are assumed with respect to any matter or question presented. It should also be noted that legal issues are often time sensitive and legal rights may be lost or compromised if you do not act in a timely fashion.

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Answered on 8/24/10, 5:28 pm


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