Legal Question in Wills and Trusts in California
HELP. My husband is 1/3rd beneficary of a trust in California ( we live out of state). The trustee is his sister and the relationship is tense. Both parents died months ago. This week 1/4th of the savings account was disburced to each beneficiary. Personal belonging have been partially separated with the remaining to be done on March 12th. It was brought to my husbands attention that the stocks would be going into probate when months ago the trustees attorney stated that distributing the monies and stocks would be simple and easily done. The house is not going into probate. QUESTIONS: What is the reason for the stocks to go into probate (the trust includes the stocks)? Why would the house not also go into probate? Who will benefit from the stocks going into probate? How long should it take? What should he do?
Thank you for your help... very confused!
Vicki
3 Answers from Attorneys
It is impossible to answer your question without reviewing the trust documents and account records.
you will need to retain a qualified attorney who practices in the county in which your husband's parents lived to review estate and trust documents and provide you with advice.
I agree with Mr.McCormick in that an atorney would have to review the relevant documents to give you a better answer. Normally, probate is not necessary for items that are held in trust. With respect to real property, this means deeds are prepared that convey the property from the trustor to the trustee. This happens when the trust is created. But if that never happened, the property would have to be probated.
Personal property that is listed in a schedule to a trust can usually be handled in California through what is known as a Heggstad petition.
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