Legal Question in Wills and Trusts in California

I am sorry for your losses. I suggest you refer your uncle to California Probate Code section 16061.7 which entitles you to a copy of the trust. If that doesn't work then hire an attorney to help you get a copy of the trust. Once you see the trust you can determine if you need to contest the trust due to undue influence, lack of capacity, etc... if your grandparents did in fact change the trust. Good luck to you.

Should you need more information please contact me or visit our website at www.californiaprobate.info

-John

I�m sorry for your loss. Whether or not your mother was a named beneficiary in your grandparents trust or any amendment to the trust, you, as your mother�s heir, are entitled to receive the statutory notification under Probate Code Sec. 1606.7 (a) (1). The trustee must serve this notice on all beneficiaries and heirs when the settlor (your grandfather) dies, causing a revocable trust to become irrevocable. In addition, as a heir and potential beneficiary, you have the right to receive a copy of the terms of the trust (the copy of the trust itself, and any current amendment) if you request it.( Probate Code Sec. 16061.7(g)(5)). It sounds like you�ve requested a copy of the trust. If not, you may do so, whether or not the trustee has provided you with the required notice. If your uncle is the trustee than he need to comply with the Probate Code. If not, then he should not be speaking on behalf of the trust.

While children are sometimes disinherited by parents, absent a good, defined reason, this is a rather rare occurrence. A properly drafted trust should specifically state that a child is not a beneficiary of the trust and why. Some usual reasons are; 1. the child has been provided for outside of the trust; 2. the child received his/her inheritance early; 3. the child has not been heard from/seen in �x� amount of time, etc. Your post does not indicate that any of those things occurred or, to the best of your knowledge, were included in the amendment. I notice that your uncle merely states that your mother �is not mentioned�. Even if true, it could be such a failure to mention your mother was inadvertent.

There are certain time frames and limits that apply in trust cases such as one that one that may exist here. When a beneficiary/heir has received the notification from the trustee, whether or not a copy of the terms of the trust was requested, that heir/beneficiary has 120 days from the date of the notice or 60 days from the date they receive a copy of the terms of the trust, if requested (whichever is later) in which to file a trust contest under Probate Code Section 16061.7(h). When the trustee has not given the notification, an attack on the validity of the trust or trust amendments are governed by normal statutes of limitations, which vary depending on the facts alleged in the particular case.

I would recommend you speak with an attorney further regarding your rights. Please feel free to email me with any questions you have at: [email protected].