Legal Question in Wills and Trusts in California

My father`s home is in a trust in California. He died a few years ago, and now mother is selling their house. I am in my fathers will, but not in mothers. I have brothers and sisters, but have no contact with any of them including mother.

Do I have a legal right to what my Dad left me in his will after the home is sold?


Asked on 10/04/10, 4:46 am

1 Answer from Attorneys

Anthony Roach Law Office of Anthony A. Roach

I'd have to review the instruments to be sure, but from your manner of describing it, the home is in a trust, and is not subject to the will. That would be different if the trust you describe is what is known as a testamentary trust, in which the will sets up and funds the trust upon the death of your father. But if he put the house into a trust, and the trust became irrevocable, the trust instrument controls, and is not subject to the will. In that situation, the home is adeemed by extinction, and you have to comply with the trust instrument, called the declaration of trust.

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Answered on 10/09/10, 9:44 am


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