Legal Question in Wills and Trusts in California
here is the story, on behalf of a friend:
my soon to be ex-husband and I are co-trustees of my deceased mother's trust, in which I was the beneficiary. Originally, I was the sole trustee, but added him on later, in a moment of weakness.
My mother passed away in 1996 in NJ, we live in California. We never did probate, or file a final tax return for her. Subsequent to her death, we purchased some land in CA, in the trust name.
My exhusband is now behind on child support, and I need to liquidate the land for living expenses. The original trust documents cannot be located - no copy was filed with the property purchase, and the closing company doesn't have a copy either.
Where do I start? The land is worth maybe $100K, if it can be sold, and I have no cash flow for attorney fees upfront.
Am I in bigger trouble for not doing the probate back in 1996? Will I owe backtaxes/penalties that may exceed the value of the estate?
I am a bit afraid of opening this can of worms....
1 Answer from Attorneys
You are right about one thing - you are opening a can of worms. You need, however, to clean these things up and the sooner the better if there are any beneficiaries to your Mother's trust other than you. You need to talk to a NJ lawyer about the NJ probate issues, if any. If you can't afford a lot for a lawyer you should try contacting the NJ State Bar. They may be able to refer you to someone who can advise you on the NJ issues for a modest fee. You also need to sit down with a lawyer in California to deal with the California issues. Again, any of the County Bar Associations should be able to refer you to someone who would at least meet with you for a modest amount to help start the process.
I hope this helps.
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