Legal Question in Wills and Trusts in California
Dispursement of Trust
Mom lived and died in CA. She had a Living Trust with a will included. My Oldest brother is the Executor. There are 5 beneficiaries total. I asked for a copy of the Trust and my brother sent me one, but he did say there were handwritten changes, none of which was included in my copy. Mom had IRAs (I don't know how much they are worth)and a condo worth approx. $300,000. She had no debts, all her credit cards were paid off. Mom passed in June 2006. The Executor is living in the condo rent-free. None of us have heard from my brother in 2 months. We know we should make him pay rent, but everyone is nervous about making him. No one wants to ask whats going on, because of the ''No contest'' phrase in Mom's will. If we contest, we are out of the will. Everyone lives in CA except me, I live in Missouri. The rest of my brothers are leaving it up to me to find out whats going on. How do we go about finding out what we are due? What is considered an appropriate time frame for dispursments? Again, asking for a breakdown of expenses makes me nervous, because I don't want him to think that I am ''contesting.'' Also, Mom had life insurance, and I'm sure we were listed as beneficiaries, what do we do?
4 Answers from Attorneys
Re: Dispursement of Trust
You would not be "contesting" the will as a matter of law by merely requesting the actual, authenticated copy of the will and/or trust instrument at issue. Contesting more or less means objecting to the provisions within the will/trust itself, not simply asking for a copy of the actual instrument(s)as a beneficiary. Court enforcement of your rights here can be obtained if the executor does not voluntarily give you a copy of the actual will/trust you have requested. For prompt, legal assistance in this timely matter, contact us directly for a free phone consultation today.
Re: Dispursement of Trust
No contest clause will not cover your assertion of rights. You may wish to have the executor replaced. Call me directly at 16192223504.
Re: Dispursement of Trust
Contesting generally means fighting the intent of the decedent, in this case your mother. Generally crossing out part of the will, and inserting in writing is not going to be considered valid. This is fairly complicated, and can create lots of confusion. To clear this up, please call my office so I may better explain.
I am sorry for the loss of your mother. Now is the time to make sure you respect your mother's wishes to the best of your ability, and the that of the law.
JD Hale, Esq.
619.866.3535
Re: Dispursement of Trust
It looks like you're going to have to demand that your brother start accounting for what he's doing with the trust property; you have a right to such an accounting. If he doesn't comply, you may have to get a lawyer involved.
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