Legal Question in Wills and Trusts in California
Deceased Aunt's Will and Trust
My Aunt passed away and it appears she left everything to my brother although he won't admit it. She had no children and no living siblings. Would all of her nieces and nephews be considered the next of kin? And if so, are we entitled to see her will? My brother had P.O.A. for her. She deeded her home to a trust they held together about a year ago. Are we legally entitled to see the trust? My sister and I suspect there's a lot he's not telling us.
3 Answers from Attorneys
Re: Deceased Aunt's Will and Trust
You should be suspicious. I highly recommend you hire an attorney to demand copies of the trust, any admendments, the will and the power of attorney.
If you would like a free initial consulation, please call me. I have over 25 years experience in probate and estate administration.
Good luck and thank you for your inquiry.
Re: Deceased Aunt's Will and Trust
Yes you are entitled to see and review the appropriate documents. You andyour sister should hire a lawyer to pursue your rights, whatever they are. It is not uncommon for a person to exercise undue influence over an aged person and change the documents that determine what happens after death. The validity of these documents is subject to challenge, and if without any apparent reason some of the natural objects of the bounty of the decedent are excluded, there is good reason to be suspicious.
Re: Deceased Aunt's Will and Trust
You are considered an heir at law. You have a right to get a copy of the will. Have an attorney write a letter to your brother requesting a copy of the trust.
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