Legal Question in Wills and Trusts in California
We are in NJ. My wife's uncle from California created a living trust leaving everything to my wife. We just found out he passed away on 1/27/11. The executor refuses to return our calls. The attorney won't help us.
What do we do?
5 Answers from Attorneys
Clearly, you hire a California attorney to pursue the matter. Often, the local person figures they can get away with anything since you live so far away. Where in California was he from? Better to hire a local attorney in the long run.
You need to hire an attorney in the County where the uncle was living at the time of his death. Do not delay.
As the others have said, you need to contact/hire an attorney where your wife's uncle resided at the time of his death. Since your wife is the sole beneficiary, the lack of communication from the executor and the Probate attorney is concerning. Your attorney will act on your behalf to find out what is going on. I agree that you need to do this sooner rather than later.
Your wife should have received a notice from the successor trustee (or the trustee's attorney) along with a copy of the trust. I agree with all of the above. You should hire an attorney in California to act on your behalf and force the trust to carry out the uncle's wishes.
All of the above responses are correct. While searching for an attorney to represent you, check the court web site to see if you can see another activity under your uncle's name. E-mail the trustee and attorney with a list of all the dates you attempted to contact either or both and the results, tell them they have a legal obligation to communicate with the sole beneficiary of the Trust, they have forced you to retain an attorney who will likely file a petition with the court to remove X as trustee for failure to carry out his duties and violation of the legal procedures, you will oppose payment of any funds to either of them, does he not want to resign instead of facing court review and criticism and your attorney, etc. Even if he immediately responses you want to replace him as you can not trust him.