Legal Question in Wills and Trusts in California

Mom and Dad had revocable trust in Ca. Mom also had land as separate real estate which she never intended to be part of the original trust. Her real estate was going to be seized by eminent domain and Mom and dad may have changed title to the property to community property in order to sue for compensation for real estate value. The city seized the property, so the property could not have been contained in the trust upon dad's death since the city owned it after seizure. Their trust sued the city for compensation. Dad died prior to the law suit being settled so the property nor the money were in the trust upon his death. Dad's 1/2 of the trust became irrevocable upon his death. Mom's 1/2 was revocable. After dad's death, mom received compensation from city for property value. Mom put proceeds into her revocable trust. Now mom died and a person named as 1/3 beneficiary in original trust now says he has claim to a portion of the proceeds of the compensation mom received after dad's death saying the proceeds were community property and should have been placed 1/2 into dad's trust after his death and 1/2 to mom's trust. Mom specifically wrote this person out of any inheritance in her will. Can community property proceeds from a lawsuit brought by a trust go into an irrevocable trust of a deceased person? Would this person have a claim to a portion of the proceeds even though mom disinherited this person? This person is not a direct relative.

Asked on 2/20/14, 3:18 am

2 Answers from Attorneys

Scott Jordan Jordan Law Office

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I would want to see the documents in question before giving a definitive answer. I would especially want to review the trust to see what type it is and what your mother was allowed to do.

However, as you wrote, your parents changed the title of the property to community property. When the lawsuit settled, the monies were community property. If you mother then deposited the monies into a trust bank account, 1/2 of the money belonged to your mother and 1/2 to your father's estate.

This is a very difficult and complicated situation. You should be attempting to hire a probate litigation attorney in your area for assistance.

Answered on 2/20/14, 9:19 am

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