Legal Question in Wills and Trusts in California
Childs rights to inheritance
A friend of mine just lost her father and is wondering what her legal rights are to what her father may have left. Approx 2 years ago her father's father died leaving the father and aunt (father's sister) a home and money to the both with the aunt as the trustee. Friend's father has been terminally ill in the hospital for about 1 1/2 years and the grandfathers estate has still not been settled and the aunt has had the father sign ''something'' but will not send copies of what she has be it a will / father leaving everything to his sister or whatnot. My friend has asked the aunt to send the paperwork 3-4 times already and she has not said she won't but has not done so yet. My friends father had stated that he had named her the benificiary on his bank accounts and his inharitance from his father should be split between my friend and her brother. What would you suggest the next action my friend should take? If you think she should contact a lawyer what kind?
4 Answers from Attorneys
Re: Childs rights to inheritance
Thank you for your inquiry.
Given the fact that your friend has made extensive efforts to determine her inheritance rights, I would strongly suggest that she contact a lawyer to compel determination of those rights.
As an interested party, whether there is a will or not, she can commence proceedings for the administration of the estate. If her father has a trust and she is a beneficiary, she has a right to enforce the trust provisions.
I would strongly suggest contacting a lawyer to start the process of preserving/enforcing her rights. Please don't hesitate to contact me at (415) 209-6332 should she decide that she would like assistance.
NOTE: Please understand that the information provided in this reply is for informational purposes only and does not create an attorney-client relationship. It also may not be complete. Before you make any decision that might possibly have legal implications, you should consult with our office, or another qualified professional, in a manner that provides for thorough communication so that thorough legal advice can be provided in a manner that relates to your specific circumstances. Thank you. Law Offices of Robert F. Shaw, Jr. 336 Bon Air Center. No. 407, Greenbrae, CA 94904. (415) 209-6332. http://www.QualityLegalCounsel.com & http://www.Estate-Planning-Pages.com
Re: Childs rights to inheritance
The facts as you describe them require answers to a few questions before I can tell you what your friend's rights are. Suffice it to say it is a fairly complicated situation. The previous estate does not sound like it is settled and the father signed "something" which may or may not effect your friend's interests. Your friend needs to retain a Probate attorney. Advise her to meet with more than one so she can work with someone she likes. Feel free to contact me with any further questions.
Good luck to your friend and thank you for your inquiry-Martin
Re: Childs rights to inheritance
It sounds like her father intended her and her brother to receive the inheritance, so she should check with a trusts & probate attorney to begin enforcement of her rights, and to receive the information she's entitled to from her aunt regarding her grandfather's trust.
Re: Childs rights to inheritance
Your friend needs a trusts and estates lawyer. I will be happy to help.
Mina Sirkin, Esq.
Certified Specialist, Estate Planning, Probate and Trust Law, State Bar of California Board of Legal Specialization
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