Legal Question in Wills and Trusts in California

My sister recently died in Ca, she was not married, no children and no will. She has virtually no belongings except a car that was damaged in an accident and some inexpensive jewelry, most of which I have bought for her. She had a 401k through her work, which she was to put me on as the beneficiary,but never did. She has no life insurance, nothing.

There are 5 remaining siblings, 1 lives in CA and after I said I was going out to take care of things told me that he has the contacts and would take care of things. In my grief, I agreed. My brother and sister and 3 other siblings had been estranged after my Mom's passing a couple of years back and now he seems to be dragging his feet about a sending a copy of a letter left behind that my sister wrote and it's beginning to look to me that he's acting on his own in retaliation for the past. Everyone knows my sister would not have wanted him in charge of anything, but she never wrote down her wishes. My brother claims that in a letter that no one but him has seen, she has her directives written down, I have asked a dozen or more times to get a copy of this letter and no response.

As a sibing, what are my rights in this case. I do know her 401k will go to probate and after it's taxes and the IRS gets what she owed them, nothing will remain. My main concern is for her personal belongings like clothes, books, etc. She does have a diamond ring that when my Mom passed away had told me to keep it or give it to my sister and to be returned to me should she pass also.

I live in RI and she died in CA.


Asked on 8/26/09, 2:06 pm

1 Answer from Attorneys
Frankie Woo Fiducia Legal

You will have to read the trust document to see who the beneficiaries are. If you are listed as one of the beneficiaries, then she legally must give you what is rightfully yours. If you are not on speaking terms with your aunt, it may be a good idea just to call or write to the attorney who sent you the notificatication. You should also mention that you would like an accounting to see what was in the trust. If your aunt refuses to give you your distribution, you can petition to court for relief. You also have 120 days from the date the notification was served to contest the trust.

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Answered on 8/26/09, 2:34 pm


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