Legal Question in Wills and Trusts in California

I am sorry for your loss. The documentation needed depends on the total value of your mom's estate (including her inheritance along with other assets). If the total is less than $150,000 then you can probably use the under $150,000 procedures. If the total is more than $150,000 then you will need to do a full probate. I encourage you to talk to an experienced probate attorney at once to discuss the options. -John

A trust is generally not taken to probate court for distribution. The terms of the trust would determine whether and how you would qualify to inherit your mother's interest. The size of your mother's estate will also have an effect on the procedure needed. A consultation with an attorney is probably required.

What you really need to do is to meet with a trusts and estates attorney and review the documents. Given that your mother was inheriting from a friend, California's anti-lapse statute does not apply, which means you don't inherit her share unless the trust says so.

Also, the trust may have a required survivorship period, but it's more likely than not that your mother survived this period. Again, a review of the trust is needed. Some trust documents cause a gift to lapse if the beneficiary dies before distribution, for example. If the share doesn't lapse then, as Mr. Palley stated, the share is part of your mother's probate estate and would pass by small estate declaration, spousal property petition, or a full probate depending on the value of your mother's estate and the recipients of her estate.

So, go see a lawyer in the greater Sacramento area.