Legal Question in Wills and Trusts in California

If you are an adult you are entitled to copies of all the relevant estate planning and/or court documents. Get them together and then get yourself to an attorney. If you aunt is your trustee, she should be managing the assets only for your benefit (and any siblings you might have.)

August 29, 2014

First, let me extend my condolences for the loss of your mother and the mistreatment you describe in your question. No one should have to endure such struggles.

You need to speak with an attorney who handles probate matters. You will need to get the following documents for the attorney to review:

1. Probate file for your mother�s estate

2. Adoption file for you and your brother.

3. Documents that show ownership of your mother�s assets, bank accounts, retirement accounts, life insurance policies, truck, house, etc.

4. Make a list of everything your mother owned and where it is today.

5. Trust documents, if your mother had one.

6. Your mother�s will, if she had one.

The more legwork you do prior to the consultation, the more helpful it will be. After an attorney has reviewed all of the legal documents and list of assets, he will be able to advise you how to best proceed against your aunt. Was your mother divorced from your father?

If you do not have any legal documents, it would probably not help to ask your aunt for them. Go to the county clerk�s office for the county where you live and search your mother�s name under probate cases and civil cases. Search your aunt�s name under family court cases for the adoption case. You should also search for or ask clerk for any cases with your name or your brother�s name. The name index for the child may only be available to the clerk�s staff. Then you need to pay for a copy of the entire file for every case you find. Digital files on cd or usb drive are preferable to paper copies.

The title for the house can be researched at the county recorder�s office to determine who owned it prior to your mother�s death, whether a mortgage existed, and how it is currently titled and how it got that way. You may be able to get some of the information from the Assessor�s website, but you may need to go to the recorder�s office to get the most recent title document. The title documents would need to be reviewed to determine your rights.

Do you know who continued to pay on the mortgage? If the house legally belongs to you and your brother, you would be entitled to the fair market rental value from your cousin who lives in it.

Unless your mom had a will that specifically gave everything to your aunt, you and your sibling would have inherited everything that belonged to your mom. Adoption would not alter your rights over inherited property. If the house belonged to your mom, your aunt cannot just take it. Your aunt would need a court order to become the new owner unless she was some sort of joint owner with your mother. The title history will reveal that information.

Depending on what legal proceedings have occurred already, you may need to open probate for your mother's estate and then demand an accounting from your aunt. If the review shows that your mother left assets that belonged to you and your brother, you will need to file a legal action against your aunt and possibly file a complaint with the police, district attorney, and/or Children�s Protective Service.

Call if you have questions, 714-486-5144.