Legal Question in Wills and Trusts in California
My Father passed away in the state of Calilfornia this past July, leaving his third wife the executor of a slide through trust worth millions. My brother and I are beneficiaries listed on this revocable trust, and have been told that we will not receive anything financially, and that we have absolutely no right to see my late father's estate planning documents. Is this correct, and is it also really possible that she can just remove us as hiers if and when she chooses because it has been designed as a revocable trust?
If she does remove us.. does she need to inform us.. and can we contest it?
2 Answers from Attorneys
Without reading the actual trust document, there is no way to give you a real answer. Some trusts allow for the surviving spouse to have a limited right to modify and some could provide a broader right. If the trust is fully revocable, then you may not have the right to see the trust if you are only contingent remainder beneficiaries. Sorry I can't be more specific.
In my experience in preparing trusts and also being a trustee I find that upon the first death there is usually a trust that becomes irrevocable. As a result, the probate code requires notice to the beneficiaries and heirs at law. That notice will either include a copy of the trust and will or will give you the right to request a copy. If the notice is not done, the trustee has not complied with the law.
In connection with what the surviving spouse can do or whether you are a future beneficiary, it depends on the terms of the trust. In order to give any advice, I would need to read it.
You should probably retain an attorney to send a letter to the trustee and get some facts or details. If that does not work, perhaps a lawsuit must be filed.