Legal Question in Wills and Trusts in California

Re: Living Trust

the trust agreement must be reviewed to answer this question. you should request a copy from your uncle and retain an attorney to determine any rights which you may have under the trust.

Re: Living Trust

Sorry about the passing of your mother. It appears she may have prepared for this properly, however. If there was a living trust, then there may or may not be a need for Probate. Additionally, your mother's share would pass to you, as well as her personal belongings, depending on the trust itself.

All her personal effects would go to her children, the only possible confusing matter would be the home she was living in...this would depend on your grandmother's trust.

If you would like a complete review of your situation, please contact me directly at the number provided by LawGuru. Unfortunately, this is a public forum and to discuss the terms of your gradmother's trust orother personal mattes such as that is not proper here.

I can also be reached through our firm's website at No-Probate.com.

Re: Living Trust

There is no way of answering this without reviewing the terms of the trust. Demand a copy of the trust from your uncle. If you mom had any property in her name of any kind, and she had no will and no husband, her children are the only heirs and should pursue finding out what there is and getting it transfered appropriately. This may require a probate.

It sounds as though you mother may have only owned a life estate in her mother's house, in which case there is no interest in the house remaining to transfer to her children. But, without checking the terms of your grandmother's trust there is no way to know.

For a better understanding of all of this you may want to read my book, which you will find on one of my websites, www.yourlivinglegacy.info. It explains these things in plain simple English.