Legal Question in Wills and Trusts in California

Three of my five step children are still not speaking to me after their father's death three years ago. I am the executor of his estate. Two of his sons are willing to help me take care of things, but we aren't able to progress. I have lifetime rights to live in my late husband's home. The home will revert to his children at my death. The rest of his estate consists of artwork, fine china & crystal, sterling silver, old coins, several fine antique Persian rugs. the estimated worth is just under $100 thousand. I do not wish to be responsible for these items. What steps can I legally take to get them to take these things??


Asked on 4/20/15, 7:49 pm

1 Answer from Attorneys
Len Tillem Tillem McNichol & Brown

Review the estate plan with an attorney. I'm guessing that the will or trust holds everything in an irrevocable trust for your benefit until your death. If this is the case (and review the estate, don't take my word for it), the trustee may be able to liquidate the trust assets and provide you with a modest income. What this really means is that the trustee does have a lever to use again the five children to get them to agree to take possession of these items now, rather than you having to deal with them for the rest of your life.

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Answered on 4/21/15, 9:14 am


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