Legal Question in Wills and Trusts in California
Can an immigrant control her deceased husbands trust?
My Grandmother is having legal problems with her son taking charge of her deceased husbands trust. She is an immigrant from Belgum. She has lived in this country for quite some time (not sure how many years)and the whole time she was married to a US citizen, although she never gained citizenship herself. Her husband died in march of 2003. Being an immigrant, is she able to legaly control the trust of her now deceased husband, or would she have to be a citizen to do so?
4 Answers from Attorneys
Re: Can an immigrant control her deceased husbands trust?
Her immigrant status is entirely irrelevant to her right to execute her husband's estate. I would love to talk to you about this case. Take a look at my advertisement and see if you want to call me. http://members.dslextreme.com/users/monamontgomery/NEEDALAWYER_media/NEEDALAWYER.swf
Re: Can an immigrant control her deceased husbands trust?
Who is the trustee?
Re: Can an immigrant control her deceased husbands trust?
It depends on the terms of the trust. Usually successor trustee's are listed in order. Even if the son is named as the first in charge, however, there are procedures for when a trustee doesn't act in the best interest of the beneficiaries, but it usually involves court intervention. If you need assistance, bring the trust to a probate attorney. Good luck.
Re: Can an immigrant control her deceased husbands trust?
There is no requirement that a trustee be a US citizen. The trust agreement must be reviewed in order to determine who is named as trustee and alternate trustee.
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