Legal Question in Wills and Trusts in California
recently my father passed he mention all four siblings in the will and left everything in a trust. the oldest sibling has stated that she is incharge of everything down to funeral arrangements. Now she wants to open the safety deposit box and open a bank account to start the trust, can all four siblings be put on the trust account in oder to maintain checks and balances. this normally would not be an issue but her husband is an attorney and they do not even invite or discuss anything with everyone else, there is a check for over $100K in the despoit box and they have filed bankrupcy and almost lost their home more times than i can remember. she already has told us that she does not think their is a check but my father showed us the copy of the cashiers check. the will was also open before my father passed and in her possesion. the will is not what my father stated how it should be written. the will was notarized by her brother in law from her husband's family practice by one of the attorneys that worked there. Thank You in advance for any help. Darlene
5 Answers from Attorneys
This really sounds like a case where you should seek the advice of an estate attorney in person. It would probably best serve your interest to do so. Good luck.
I agree with Mr. Reid. Specific advice as to a situation should not be obtained in a public forum, if only because it is not confidential.
If there is indeed a trust, then the only person's name that can be on the account is the trustee. The beneficiaries, however, have a right to a copy of the trust document, information about the trust, and an accounting of the trust's assets, liabilities, income, expenses, and distributions.
You really need to get a trust and estates lawyer involved here.
You may have problems with that will, if it was only notarized. See http://www.anthonyaroachesquire.com/index.php/legal-faqs/probate-wills-trusts-and-estate-planning-faqs
The trust document controls who is in charge.
Sorry for your loss.
I agree with all the comments above. You have several issues in your post that should be discussed with an attorney. For example, you need an attorney to advise you how trust administration works and what your rights are as a beneficiary and heir. Mr. Roach is also right in that you should have an attorney review the Will to determine its validity and possibly review the trust for its validity.
Good luck.
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