Legal Question in Wills and Trusts in California
My Grandfather died several years ago, he made my Aunt the Executer and left her and my Mother money. He left my 2 siblings, 3 cousins, and I $100,000 each in an irrevocable trust for education only. My Aunt has used up her inheritance and is now going after the education money. My siblings and I received a typed up letter asking us to sign it basically giving my Aunt the money. Mind you my cousins have signed it already. My siblings and I refuse. My main question is I have been asking to speak to the Estate Lawyer myself but my Aunt says I can't. Is this true? Any other advise would be appreciated as well thank you.
2 Answers from Attorneys
You need independent legal advice. The Estate lawyer is representing your Aunt. You need a lawyer to tell you what your rights are under the terms of the Trust. If the money was set aside for education only, what does that mean? What was the intent? What was the intent if the money was not used up for education? It may even require a Petition for Instructions to the Judge to get a ruling on the proper interpretation.
Aaron is correct. You need an attorney in your county to assist you.
Good luck.
Sincerely,
Kai H. Wessels, Esq.