Legal Question in Wills and Trusts in California

Re: family trust

If there is trust, then there will NOT be a Probate and there will NOT ba Court record of the trust.

What WILL need to be done is for an attorney to contact your mother-in-law and demand a copy of the trust. If the trust was made as most are, then odds are very high that your husband, or at least one of his siblings, are listed as beneficiaries of the trust. As such, they are entitled to an accounting. If this results in improper activity, then the beneficiaries can have the trustee removed.

These are possbilities, but to know for certain the first step of contacting her and demanding a copy is imperative. If your husband is able to get his siblings to all agree, then you will have a much stronger position.

Please feel free to contact me at my office to discuss this further, off the public board. I can e reached at the email and phone listed by LawGuru as well as at our firm's site No-Probate.com.

Scott

Re: family trust

The law requires that a copy of the trust agreement be given by the trustee to the heirs at law and beneficiaries of the trust. You should hire a lawyer and file an action for an accounting. Any other heirs can join in the action and share the costs.

If there has been malfeasance by the Trustee, her liability will be established by such and action, and it is not dischargeable in bankrupcy.

Re: family trust

He may have a right to view the assets though he may or may not have any rights to the assets. Get a litigation Trust Attorney.

Re: family trust

Mr. Selik probably has warned you that your husband might not be able to do much because of the doctrines of laches, etc., which basically say you must act within a reasonable period of time. There are numerous ways around that.

You use the terms trust and estate; those are two totally different concepts. An estate of that size has to be probated and if nothing has been done then your husband can petition the court in the county where his father used to reside to start up probate. If it is not that far away, go to the County recorders office asnd look up every document in which his name, her name, and your husbands and his brothers names appear [also look on the government's web site as to escheated funds--money that ws left behind and the govenment got from the bank, taxes, etc.]. Then go to the superior court [often in same building] and look them all up as to being parties to any litigation [also check on municipal court if not in same location]. Some of this may also be on the court's own web site. That will give you an idea if anything has happened as to a trust, Will, or assets. Then demand a copy from her of the Will and any Trust [the estate contains all properties not properly transferred into the Trust. If they are relatively trustworthy, then tell the other brothers all the information you have on their father and step mother; you want all three to be unified and not fighting among themselves.

With all that information, along with a typed sheet showing in order all the significant evidence that have occurred [inclduing demands to see the documents] and a list of everyone who might be involved together with their full contact information and speak to several Trust and Estate litigation attorneys [many litigation atorneysdo not know much about trust work and many trust attorney almost never go into court, butyo need an attorney who does both; with a carrot of $18 million you should have no problems getting an attorney].

It wil be a long process but stick to it. Good luck.