Legal Question in Wills and Trusts in California
heir, not beneficiary rights
i havent seen the trust or will but assuming sibling with poa said is true, i was omitted as beneficiary. I fear fiduciary misuse of funds....My questions: 1Do I have right to see copy of trust & will since mom has passed now? 2as well as the final accounting info? 3 Do I request thru court or just send letter or ?to sibling in charge?
1 Answer from Attorneys
Re: heir, not beneficiary rights
Interesting question. If you are a beneficiary, then you have a right to see the will and receive updates on the status. If you were an intentionally ommitted beneficiary, I am not certain if you would have such a right, although you certainly would have nothing to lose by filing a challenge to the ommission in Probate Court.
If you were ommitted, then you would have no recourse against your sibling for misuse of funds, although other beneficiaries would. You would also not have a right to a final accounting.
Perhaps start with a letter to your sibling asking for a copy of the page that specifically omits you as a beneficiary. Once you have that, the next step in the process can be decided.
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