Legal Question in Wills and Trusts in California

REVOKED TRUST - DO ALL ASSETS BECOME THE PROPERTY OF THE ESTATE??
If a Trust was revoked "1 year after death" by the surviving spouse and there are no provisions in the trust that state the disposition of the assets after revokation, do all assets become the property of the estate and for probate to decide who to disburse to beneficiaries? Does Probate Code 17200 cover this?
My stepmom failed to notify on purpose my father's 2 adult daughters (beneficiaries) that he had a trust and we were beneficiaries. The Executor is her son from a previous marriage. I've been asking in writing for 2 years to the StepMom and Executor for a copy of the trust and never receiving a response. I finally received it 2.5 years after my father died (last week) and her attorney told me she revoked the trust after my father died. I'm an Objector to my father's Estate matters and if the trust is revoked, wouldn't the Executor have to notify the Probate Court and beneficiaries and inventory all the Trust assets?
There is a question as to whether or not the stepmom can just keep all the trust assets herself after revoking the trust or do the assets become the property of the estate?
I'm aware I'm also owed damages and attorney fees for her not notifying me of the trust (or the Will).

Asked on 8/12/10, 7:04 pm

James Bame San Diego Law Office

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0 attorneys agreed

I would need to review the trust and the events post-mortem. Contact me directly.

Answered on 8/20/10, 5:29 pm

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