Legal Question in Wills and Trusts in California
My parents have a will and a trust. My father died first, everything went to my step-mother. My
step - mother changed the trust after my dad died. The trust states: anything that can legally
put in the trust should be in the trust. I have lived with my dad and step-mom since I was 9
On one retirement account my dad had which they had specific beneficiaries
well after he died and she had to put it in her name she did not list beneficiarys well as instructed
I told Wells Fargo it should go to the trust. Wells Fargo says no - it goes to her children and
of course I am not listed as her child because I am not. I am so upset- she was dying of cancer -
her adult children lived 1 to 2 hours away and could not manage to visit her. It was my children who stayed with their Grandma as it was her wish to stay at home. I flew out every month
from across country. Wells Fargo says I have to pay an attorney to state I am a child. What good
is a will or trust if you turn around and have to pay an attorney to do this?
1 Answer from Attorneys
It is difficult to tell exactly what your rights would be without reviewing the documents. Generally in a trust between a husband and wife, when one dies part of the trust becomes irrevocable, i.e. she should not have been able to change it. With respect to the retirement account, it should have been distributed to the beneficiaries upon your father's death. If she was the primary beneficiary, than she was entitled to change things respecting that account. Again, I would need to see the documents to give you a better answer. Is there a probate with respect to your step-mother's estate? If so, you might consider filing a claim in that probate. If there is enough money involved, you should consider getting an attorney involved.
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