Legal Question in Wills and Trusts in California

My mother and stepdad married when I was 4, now 66. My mother died 2007, my dad in 2011. My half brother, Marvin, was made executor of estate in 2004 and taking his life in 2006. Before doing so, he sent all information on mom and dads estate and monies to my half sister Lana who lived in Texas.

The homestead was sold in 2008 which at that time we put our dad in a home. The money from the sale of the home was to go into an interest bearing account until dad passed . Problem

1 every year my sister flew out to visit family,friends and dad, she schedualed it when her job needed her to attend meetings in San Francisco and Bakersfield, would bring her laptop and would work a few hours a day from her hotel room. Chevron paid ALL her expenses. Now she is deducting all her trips from the estate. Can she do that?

2.Life Insurance was paid every month but nothing shows that the policy paid anything.

3. With social security, medical insurance, vets medical, bills are deducted but shows no where that there was any re-imbursement from Dr's/ hospitals/ perscriptions.

4. Large checks were written but when I ask what they were for, anger, Lana wrote me and said under California Law, because I was not blood related to my dad, I was not entitled to any of the inheritance. Is this true and as executor of estate does'nt she have to let the remaining siblings know wher the money was spent.

5. My sister retained an attorney not for settling the estate but,she said, to protect herself in case we got an attorney, She deducted the retainers fee from the estate money. Can she do that and if so, can my brother and I hire an attorney and charge it to the estate?

Anxiously waiting,

Betty

was any re-imbursement from the DR/hospitals/perscriptions.

4.


Asked on 6/29/12, 11:53 am

3 Answers from Attorneys
Kurt Seidler Law Offices of Kurt A. Seidler APC

You are entitled to file an objection to the accounting with the probate court. You can and should object to all the above IF there was a will or trust naming you as a beneficiary. If there isn't, and your step dad never adopted you, Lana is correct, you get nothing from the estate and have no legal standing to object.

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Answered on 6/29/12, 12:18 pm
Jennifer Rouse Meissner Joseph & Palley

If certain facts exist, you may be able to argue that you were equitably adopted and stand to inherit from your step-father. However, you will need to hire an attorney to assist you with that claim.

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Answered on 6/29/12, 2:08 pm
Rosemary Meagher-Leonard Law Office of Rosemary Meagher-Leonard

I agree with Ms. Rouse. Even if you are not named in your stepfather's trust, you may have standing to challenge your half sister's management of the trust and estate. It sounds as though you lived with your stepfather (and your mother) during most of your childhood. If so, this is one of the factors used to determine if you were equitably adopted(adopted for all intents and purposes even if never formally adopted) by your stepfather. If you do have standing as an equitably adopted stepchild, then you'll be able to petition the court court to assert your rights. You will also be able to request/demand an accounting of trust from your half sister.

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Answered on 6/29/12, 4:34 pm


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