Legal Question in Wills and Trusts in California
Re. my deceased (9-6-2010) Mother's estate:
To be divided equally amongst 4 surviving sons, 2 acting as co-trustees with 2 named beneficiaries. Dated Jan.,19, 2010 an amendment was added to her revocable trust while under the care of one of the trustees.This amendment disinherited him while naming his wife an heir to receive his share. What benefits could possibly be received by this trustee through this action or for what reasons would an attorney recommend an amend. of this nature?
Myself or other bene. has not been allowed viewing of actual docs. nor have probate courts been involved to this date.
2 Answers from Attorneys
Since the amendment does not appear to alter or reduce anyone's share, but rather shifts your one brother's share to his wife, I don't know that there needs to be too much concern. Perhaps your brother wants to shield his share from creditors? It also sounds like your mother had a trust in place, which would eliminate the need for Probate, so that doesn't appear improper in any way. However, as a beneficiary you are entitled to a copy of the trust and also to periodic accountings. You should make those requests in writing. If you are still not receiving information about the trust, then you can file a Petition with the Court and demand an accounting. If you have further questions, please feel free to contact me directly for a consultation.
I am sure Mr. Feldman is correct. This is typical behavior for someone trying to prevent a judgment lien from attaching to an asset.
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