Legal Question in Wills and Trusts in California

my mother passed jly 2014. My cousin and her husband did not notify me, I'm deseaseds daughter. Now in looking up something online, my mothers date of death pops up. This was all kept secretive so that they could get her money and assets. I contacted another family member my aunt, she said she wants nothing to do with it. Now the only reason she would say that is because she knows there was foul play. I have a trust fund, and i am in the will. Unless they fraudulently changed it when mymom was not of sound mind. what to do.


Asked on 12/09/14, 9:40 pm

1 Answer from Attorneys

Len Tillem Tillem McNichol & Brown

At this point you don't know whether or not you have a case at all. Your statements about the motivation of your relatives is speculation at best. For example, your aunt may simply not want to be involved in any family dispute and may know nothing about any wrong doing.

However, if your mother had a trust, and if she resided in California, then the trustee has to give you notice under Probate Code section 16061.7, and that notice was supposed to have been given within 60 days of the date of death. If there's a probate in the courts, you are also entitled to notice.

You should contact a trust and estates attorney, in California if that's where your mother lived, or in Nevada if she lived there.

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Answered on 12/10/14, 10:47 am


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