Legal Question in Wills and Trusts in California

My dad, who is a trustee of my grandpa's estate, had notified the attorney handling it at the time that the third beneficiary, a brother, had passed away. He asked the attorney if there was anything that needed to be done as there were just two kids now to inherit, and the attorney told him he would notate it. My dad, his surviving sibling, and Grandpa all assumed it was taken care of. Fast forward a few years later and my Grandpa just died a few weeks ago. They called the attorney, who said he's retiring and would no longer be handling the estate. They meet with a new attorney, who discovers that among other mistakes, the previous attorney simply noted that the brother's child would now be beneficiary - without notifying the estate trustees (dad and sibling) or Grandpa. My dad and his sibling are understandably upset because it was well-known amongst him and our families that it was always Grandpa's intention to leave it to his children - not grandchildren - and after his third child had died, when he was asked, Grandpa stated that his estate was to be divided between the two remaining children. Dad and his sibling have taken care of Grandpa for the last 15 years of his life. Do they have any recourse? Can they at least bill the estate for all the hours they put in over the past 15 years? Had they not cared for Grandpa, the estate would have been financially wiped out long ago.


Asked on 9/22/17, 11:49 am

1 Answer from Attorneys
Scott Jordan Jordan Law Office

I your Dad, sibling and Grandpa had an agreement they would be reimbursed for time spent caring for him, yes they can reasonably argue for reimbursement. Without a written agreement, it is unlikely they will be reimburse.

As for the division of the estate, depending on what evidence is available to prove that your Grandpa intended only to give his estate to his living children, a Judge may agree to change the terms of the trust post-mortem. Also, your Dad and his sibling may have a malpractice lawsuit against the attorney who failed to act.

I suggest your Dad and sibling hire an attorney to investigate the matter.

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Answered on 9/22/17, 1:12 pm


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