Legal Question in Wills and Trusts in California

Abc trust question

My father put his estate into an ABC trust. It was explained to us that by doing this, the trust did not have to go through probate nor could it be contested. Is that so? In addition to that, we were told that the courts had 9 mos after the death to distribute the trust to his children. The year date of my father's death is Oct 20,2007 and supposedly nothing has been accomplished. According to the attorney, a trustee has not even been assigned. Do I have any rights? My trust fund specifically states it is for my and my daughter's welfare and benefit. I lost my job with the mortgage industry collapse and am in dior need of my funds. I lost my home and lost my car and now I am moving my belongings into storage and am homeless. I am also diabetic and have no savings left for care. Can I do anything to expedite this?


Asked on 10/12/07, 2:02 pm

1 Answer from Attorneys
Mitchell Roth MW Roth, Professional Law Corporation

Re: Abc trust question

You are also confused. If the estate has been properly transfered into an ABC trust before your dad's death, then no probate is required. An ABC trust provides for the dividing of your father's estate into three separate trusts. These can be defined anyway the trust agreement define them, but typically they are: A Trust - trust for the surviving spouse, remains revocable. B Trust - Trust for receiving that portion of the estate that can qualify as a QTIP trust (Spouse gets 100% of the income, principal distributed as per decedent's wishes after death of spouse, and C Trust, children's trust. Any portion of the decedents assets not in Trust A (typically 1/2 of estate), Trust B (typically the unified credit amount in the year that the death of the decedent ($2MM in your case) and Trust C, anything remaining.

Of course, the trust also may provide for specific gifts that are distributed on the death of the decedent, such as $25,000 to each of my surviving children.

You should have received a copy of the trust agreement after dad died. The law requires the trustee to provide all beneficiaries a copy of the trust agreement. If you don't have one insist on getting a copy then have it reviewed by an attorney who can evluate this for you.

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Answered on 10/12/07, 2:34 pm


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