Legal Question in Wills and Trusts in California
When my grandmother passed away she left her estate to my mother, aunt, myself and my sister. We were told the easiest and safest thing to do was put it in my parent's family trust. Now my parent's are divorcing and my father's lawyer claims half of her estate is his. Do I have any recourse?
2 Answers from Attorneys
Whenever money is comingled, problems can arise. Were you a minor when the money was put in your parents' trust? Ordinarily an inheritance is separate property unless it is converted into community property. It sounds like the lawyer is making that sort of argument. What is your mother's lawyer saying? Unfortunately, your best approach would be to have your own representation in this to fight for what is yours, but if the amounts are small that will eat up your inheritance. There are ways to establish that this money was held in trust for you. I wish you success.
Your best recourse may be against the person that advised commingling the inheritance.
Aaron is correct in that the property should have retained its separate property character. But, you would need your own attorney to review the documents and then proper advice can be given.
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