Legal Question in Wills and Trusts in California

My dad passed away recently from cancer and I am concerned about his trust. My sister and I were both beneficiaries and were to each receive 50/50 off all assets. My dad took me out of the trust in September 2012 due to him being angry at me and at the persuasion of my sister. I am concerned because:
1. I believe I was supposed to legally be notified and I was not.
2. My dad had cancer that spread to the brain and I do not think he was competent to even make the changes.
3. He left money to my kids, but my sister has not provided any copies of anything even though I asked her too.
4. I am trying to understand what "assets" means because the will said the "assets" were to be divided and I assumed this meant for all of the banking accounts he had, not just retirement and iras and I know my sister as been spending money left and right.
Is it time to retain an attorney? I just want to make sure my children are receiving their share and to find out if I have a case based on not being notified by the attorney how changed the will or by my siter.
Thank you.

Asked on 4/24/13, 9:18 pm

2 Answers from Attorneys

Michele Cusack Pollak & Cusack

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You were not entitled to any notifications while your dad was alive. But if you believe he was not competent or was subject to undue influence, you should consult a probate litigation attorney immediately. Your kids (or you if they are minors) should receive statutory Trustee notices and are entitled to request a copy of the trust.

Answered on 4/24/13, 9:24 pm

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