Legal Question in Wills and Trusts in California

Heir not Beneficiary--Rights

I was told dad omitted me from his trust &/or will. I havent seen the actual document yet. I'll assume that that's correct. Dad passed and i understand i can request a copy of trust & will.

#1. As an omitted beneficiary do I still have the right to ask trustee for accounting of trust assets?

which may lead to possible

trust and/or will contestation

2 Since mom passed 1st w/o will trustee said everything she had went to dad and i wasn't entitled to anything... I knew community property went directly to dad but i thought the other assets would be split with the kids and dad. am i wrong??


Asked on 6/13/09, 4:35 pm

1 Answer from Attorneys

Re: Heir not Beneficiary--Rights

You are partially right and it depends on the characterization of the property. Community property goes to the spouse but separate property goes to the spouse and children in shares depending on how many children.

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Answered on 6/25/09, 5:08 pm


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