Legal Question in Wills and Trusts in California

in the event of death interest passes to

by will my father was left a persentage of a trusst, in the original will it states that in the event of death of the beneficiary (my father) interest shall pass to myself...1 my other siblings were not included do i have to split that with them? and do i have to wait for probate is settled to start getting the payments from what is now my persentage of the trust?

it is a vast trust and there is already over 100,00. sitting with the new year it will double..im told i have to wait for probate of my fathers estate but with the gift being in the event of death directly passes to me isnt that exemp...from time for probate and exempt from my haveing to split that with siblings...did i repeat myself? at least i hope one explination gets the point trying to be made understandible????thanks''


Asked on 1/29/09, 3:56 pm

1 Answer from Attorneys
Scott Linden Scott H. Linden, Esq.

Re: in the event of death interest passes to

I am sorry to hear of your father's passing and now with this additional problem, I understand this is a difficult situation.

From what I can understand from your question, it sounds like there may have been a will with a pour over to a trust. If this is the case, then someone made a BIG MISTAKE in starting a Probate proceeding.

Now if there was only a will, then Probate would be required and you will have to wait for distribution unless the other beneficiaries agree to it.

Our office specializes in this exact type of situation and I believe we can be of assistance to you. Please feel free to contact me at the email provided by LawGuru or through one of our firm's sites PasadenaEstatePlanning.com or the more informative No-Probate.com.

We can set up an appointment or at least discuss some of the finer details in a more private setting.

Scott

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Answered on 1/29/09, 7:29 pm


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