Legal Question in Wills and Trusts in California

Re: after the last parent dies

Disposition of the house after your father's death depends on the terms of the trust or will. Being trustee is not the same thing as being a beneficiary; he could appoint your sister the trustee and leave his estate to his children in equal shares. Alternatively, he could decide to leave his entire estate to your sister, or even a charity. If you do not have it, you should ask your father for a copy of his trust or will, although he doesn't have to provide you with a copy. If you father is losing his mental capacity and you are worried about fraud or undue influence, you should speak to a probate attorney about possibly establishing a conservatorship, which may allow you to clear up some of these issues.

Re: after the last parent dies

The disposition of the house at your father's death depends on the terms of the trust. The trust is like a will that dictates what happens at the death of the person who created the trust. The trust was most likely created to avoid probate in California although there could well be other reasons. The fact that your sister is trustee does not mean that she is the sole beneficiary. I am not sure what your father's capacity is at this time. He may be happy to send you a copy of the trust if he is able. If not, you may have other grounds for being able to see the trust if you are a beneficiary and a portion of the trust is irrevocable. I would be happy to answer additional questions with more information from you if you like. You may reach me by email at [email protected] or at my office, (714) 921-3216.