Legal Question in Wills and Trusts in California

rights of potential beneficiary

Wife of deceased husband wishes to see wiil & trust for estate of husbands mother who passed away after death of son. Executor of estate has made will & trust available to her. What rights, if any, does the surviving spouse have?


Asked on 6/12/07, 10:13 pm

2 Answers from Attorneys

George Shers Law Offices of Georges H. Shers

Re: rights of potential beneficiary

I do not understand. The executor did show you the Will and Trust documents? If he/she did, then you know what assets or portion of the total assets you will get. Remember, if an asset has been properly transferred into the Trust, then on the trustor's death it passes via the Trust instructions and documents and not by the Will which covers only those things not properly included in the Trust. I do not know if that answers the question you wanted to pose

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Answered on 6/13/07, 1:01 am
Jeb Burton The Burton Law Firm

Re: rights of potential beneficiary

As the question was written, you stated you were given a copy of the trust and will. If that is the case, and you don't understand it, you should seek legal counsel who can interpret it for you. We cannot tell you what is in it if we do not see it.

If your question was misstated, and you were not given a copy.... then unless you are an intended beneficiary or the guardian (your son/daughter is the direct descendant of the deceased, meaning your husband's son/daughter), you may have no right to the document. Trusts are private instruments and the only people who have a right to view them are those who have an interest in them (beneficiaries, trustees, etc). If you believe you were supposed to be a beneficiary, you might be able to petition the court to direct the trustee to give you a copy. Although you would have some evidentiary issues to contend with.

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Answered on 6/13/07, 11:26 am


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