Legal Question in Wills and Trusts in California

Savings Certiifcate Dilema

My Grandfather passed away last year and left my daughter, age 7, and my niece, 14, a savings certificate. This was to be held in the interest bearing account until they turned 18 yrs of age. This was told to my wife and I prior to his death. It was also indicated on his will. It has been a year since his death. The final probate hearing is in 1 week. I just received a copy of the final hearing papers. I called the son and he indicated that the certificates were not set up yet. I have the numbers of the certificates! The Final Probate Hearing papers stated that the certificates were not in the estate and that they were put into a trust in the name of the son. Can this be legally done? What is my legal recourse?


Asked on 11/15/02, 10:12 pm

1 Answer from Attorneys
Chris Johnson Christopher B. Johnson, Attorney at Law

Re: Savings Certiifcate Dilema

Have a lawyer review the papers--it may be that the certificate(s) are titled such that they pass outside of probate and need to be set up in trust for the children outside of probate. If not, you need to object to the final accounting if they're not truly accounted for or if the necessary steps haven't been taken. In any case, you'll find out what procedure needs to be done and can put some pressure on the right people to do it.

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Answered on 11/18/02, 1:49 pm


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