Legal Question in Wills and Trusts in California
revocable trust
my dad passed a few months ago. before he died he told me that my 2 sister and I were going to get approx. $200,000. to be devided between us. (for years he had spoken about this) None of us are mentioned in the trust but he trusted his wife to ''take care'' of us. 5 months later..nothing. when approached she becomes very defensive. Do we have any legal claim to the money or would we be wasting our time and money going to court?
1 Answer from Attorneys
Re: revocable trust
If the assets are in fact in the trust, which is always questionable since one of the most common mistakes people make is not fully funding a trust, meaning that the asset is not actually held in the trust name, then it is possible that the trust document you are looking at is not genuine and/or valid. If you are not mentioned in the trust document, it raises the possibility that your father did not have capacity at the time that document was executed.
No one can say or know if you'd be wasting our time to go to court. You can, and perhaps should, file an action for an accounting vis-a-vis the trust, and a probate that would relate to any and all assets which were not in the trust at the time of death.
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