Legal Question in Wills and Trusts in California

Rights of beneficaries

My husbands Estate was valued at well over 13 million dollars. I was listed as a beneficiary in an Irrevoccable trust he had made up prior to our marriage. But we got married 4 months prior to his death. his daughter , the sole heir, is not being fair and not even giving me what it said I should have in the original trust. I have to ask her for any and all money lately.

I recieved a ''Notice of Petition to Administer Estate '' today in the mail, and wanted to know if you think I should go to the court on that day and tell them what she is not doing? I have a copy of the original trust, and I know what it says I should be recieving, but that is not happening. His daughter is not going by that trust, and I feel she is trying to push me out all together. please advise.

--name removed--

Thank you


Asked on 8/08/06, 12:22 am

5 Answers from Attorneys

Joel Selik www.SelikLaw.com

Re: Rights of beneficaries

You should submit papers to the Court. Find and hire the right attorney.

Joel

Read more
Answered on 8/08/06, 9:20 am

Re: Rights of beneficaries

Considering the size of the estate combined with your already not receiving what you believe you should be, you should get to an attorney quickly to review the trust agreement and any other documentation that you have.

Do this BEFORE the hearing so that you can be properly represented in court. Going without an attorney will likely leave you at a severe disadvantage.

Caleb

Read more
Answered on 8/08/06, 10:32 am
Michael Olden Law Offices of Michael A. Olden

Re: Rights of beneficaries

with 13 million dollars at steak you should not, absolutily not consider doing this yourself or relaying on advice from the computer attorneys other than get yourself now, immediatly and attorney who is experienced in probate and probat3e litigation to advise you or your rigts in this matter. to many issues which effect you cannot be answered without a face to face meeing with the attorney -- act now

Read more
Answered on 8/08/06, 12:14 pm
Matthew Mickelson Law Offices of Matthew C. Mickelson

Re: Rights of beneficaries

I agree with the other responses. You need a lawyer right away, to determine exactly what rights you have. Were you made the successor trustee to your husband's trust, and was property placed in the trust? These are the questions that must be answered first. You will need legal advice to determine what to do next.

Read more
Answered on 8/08/06, 1:21 pm
John D. Williams Law Offices of John D. Williams

Re: Rights of beneficaries

I agree with the other responses. The size of the estate and the fact that you believe that you are not getting what you should warrant that you contact an experienced probate and trusts attorney to review the documents.

You should do this right away so an attorney can be prepared to represent you in Court. There is to much at stake to do this without an experienced attorney.

I have over 25 years experience in probate and trusts. If you would like a free initial consultation, please telephone me or e-mail me with contact information.

Good luck and thank you for your inquiry.

Read more
Answered on 8/08/06, 2:51 pm


Related Questions & Answers

More Probate, Trusts, Wills & Estates questions and answers in California