Legal Question in Wills and Trusts in California

Trust

To further clarify my legal question of last night 04/21,2008 for Mr. Lemmon. My parents Trust is a irrevocable trust. There is one asset in the Trust now, the Whittier house. Does the law consider me, a direct son of my parents, last of three sons, no sisters or daughters of the parents as a primary beneficiary over my own daughter and her children my grandchildren that I had placed in the trust list of beneficiaries. Does the law consider Me also primary beneficiary over my deceased brother's daughter and her son, my nephew? My daughter is willing to endorse distributing the trust house to me. My daughter has three children:17, 14, and 7. It is my understanding that my daughter can also vote a beneficiary endorsement for her minor children for my only purpose, to clear up title? The irrevocable Trust language says trustee has sole discretion to distribute funds or real property to only one son beneficiary or distribute among sons. My bottom line is to petition the court to sell this Whittier house, transfer the property tax base to a San Diego purchased house with court confirmation and clean up the house tiltle in this petition. I'm looking for the right legal approach to accomplish ending court confirmations.


Asked on 4/22/08, 11:04 am

2 Answers from Attorneys
Mitchell Roth MW Roth, Professional Law Corporation

Re: Trust

You should consult an attorney to review the documents, the situation and advise you. The cost is properly paid from the trust estate.

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Answered on 4/22/08, 6:36 pm
Phillip Lemmons, Esq. Phillip Lemmons APC, Attorneys at Law

Re: Trust

The law requires that you follow the trust terms. If the trust specifically gives everything to you, then you get the house. If the terms are ambigious, you should have an attorney review the trust.

If you're interested in my feedback, call my office for a one hour consultation ($275). You can fax the trust to me and I review it during the counsultation and provide you with the information your seeking.

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Answered on 4/22/08, 12:19 pm


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