Legal Question in Wills and Trusts in California
how do I get a copy of the will if there is one and too find out what happened to my grandmothers assets or what they are or were?there is a trust and i am a beneficiary but I am quite sure that far more real estate than was transferred to the trust was owned by her.my grandmother recently passed and I along with my brother and sister are beneficiary because my mother has already passed.my uncle is the trustee and delivered a copy of the trust to me but I believe there is a lot more assets than what has been included in the trust.how do I find out where all the money went ,or is, including stocks insurance policies and whatever other assets that were not placed in the trust prior to her passing.there was really no mention of far too many things in the trust .where are these assets and if there is only a trust and no will what happens to the items not transferred to or mentioned in the the trust.there was a couple of properties but no mention of any stocks or life insurance policies cash gold or jewelry or other real estate and personal property.where is it all and how do i find it ? thanks for your help
2 Answers from Attorneys
You should look at similar prior questions and answers as this has bee extensively covered before and wold take to much time to go through again. You should get some Nolo press books on Trusts and Estates as they are easy to understand and will give you much of the legal knowledge you need to have. Once you have this knowledge, it would be worthwhile to consult with an attorney for a few hours to set up a plan as t how to proceed.
Point out to your Uncle that as trustee he is required to inform all who might be beneficiaries of the terms of a Will and its assets, if one exists. Since this is a community property state, up to half of the assets might be his as C.P. If there is no Will, the probate Code sets up a line of succession but as your grandmother's husband he may be entitled to everything. Insurance policies pass directly to the policy named beneficiary and do not go through a Trust or Estate. You need to go to the County records Office to look up all of her assets and in whose name and how title is held.
Ignore Mr. Sher's comments about community property. He should get some coffee before reading questions at 6:22 am. Your uncle, being your mother's brother, has no community property interest in his mother's assets. Mr. Shers answered your question as if you were talking about your grandmother's husband. The actual line of intestate succession in your case would be 1/2 to your uncle and 1/2 to the descendants of your mother.
He is correct, however, that anything not in the trust will have to be probated and pass by a will, if one can be found, or intestate succession if none is found. I also agree that you should spend some time one-on-one with a lawyer about this. You may need to hire a private investigator to track down the assets. Once you find any that your Uncle has not accounted for, however, you will be in a good position to open a probate, asking that you or someone other than your uncle be appointed executor of the estate. That will give you court backing to get records, and force your Uncle to disclose things.
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