Legal Question in Wills and Trusts in California

I think you might be confusing Wills wilth Trusts. In a Trust, the person transfers title to a piece of property into an entity they normally control themselves and the property passes according to the exact wording of the Trust document. That property is outside the control of a Will. In a Will, the estate is whatever is left in the owenrship of the deceased [not in a Trust, not life insurance]; normally in a Will the asserts are divided in percentages, in the sense of each heirs gets equally, etc. Since it is never clear what properties will sti-l be

In neihter a Trust or a Will would the title to her house be transferred to another person's ownership; if title was actually transferred to your mother, she got it as a gift. If she was not mentally competent, she could not make such a transfer. You would have to challenge the transfer in which ever court the legal entity the property was originally placed.

You will need to file a Motion regarding elder abuse and attempt to void the transfer to your Mother. Additionally, only naming percentages would not invalidate anything, although it may require liquidation prior to distribution.

As a beneficairy, you have a right to receive a copy of the trust (which should have occurred almost immediately after the passing) as well as an accounting of the assets. You are certainly allowed to demand these items from the trustee(s) as well.

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