Legal Question in Wills and Trusts in California

Re: Benificiary needs help

she needs an attorney who specalizes in estate planning/probate --- since you did not give any facts she needs to make an appointment immediatly, now, yesterday and bring all the documentation with her to the appoinment -- many attorneys may take this on a contingency, the get a % of ther gross amount they get for her based upon the facts --- I have been practicing law in the San Francisco Bay area for approximately 35 years and expert in the area in the category in which your question is placed. I feel I can help you in this matter and if you wish to consult with me please contact me at 925-945- 6000.

Re: Benificiary needs help

You have not provided enough specifics about the case. For example, is there a pending probate case? Has Mildred ever seen a copy of the will or trust to see if she is even a beneficiary? How does she know that her brother is receiving income and excluding her?

Rather than trying to get information third hand from a website, Mildred should at least consult with a probate attorney. Most attorneys will give a free initial consultation, even if by telephone. I have posted an article on my blog on how to find a good attorney:

http://www.chs-law.com/2005/07/how-can-i-find-good-lawyer.html

If you need further assistance, please have Mildred call me at my office.

Re: Beneficiary needs help

If there's a probate open, and he's been appointed executor, then he's supposed to be keeping the money for distribution once he makes his account to the court and beneficiaries. If it's a trust, the court isn't involved but he still needs to account for the proceeds and distribute them. She should see an attorney to find out what has gone on and what her rights are--they'll depend on the specifics of her case.

Re: Benificiary needs help

A probate with a significant amount of property can take some time to resolve. If there was a trust involved, Mildred was entitled to receive a copy of the trust. If there was merely a will, then a probate would need to be established and controlled by the courts. In either case, she needs to seek professional help with a probate attorney in her area.