Legal Question in Wills and Trusts in California
Trust
My father recently passed away. My stepmother and he had separate finances until he became seriously ill about a year ago.He had contacted me on several occassions telling me I was on accounts and how these were to be distributed. Recently I received a letter from her attorney stating I needed to request a copy of a trust from him and at that point I would have 120 days to contest it.I was unaware of this trust.Coincidentally she has told my sister(who went to california to care for him while he was ill)that his natural children are excluded from his trust and only his step chidren stand to inherit.Apparently this trust was his only and did not have their combined assets.How should I proceed? Our relationship has always been good with our father and I suspect some shenannigans here.His step children were all adults at the time of his marriage and were not adopted.
2 Answers from Attorneys
Re: Trust
Get the trust copy and review it--the statutory period for contesting does begin running, so you should do this quickly, as the trust may have been forged, be invalid, or have been created using undue influence.
You should also check with the banks holding the accounts you mention--if these were in joint ownership, or named you as a beneficiary, you are entitled to them in most cases despite what any will or trust says.
Re: Trust
you should request a copy of the trust instrument and see when in fact it was created by your father. if it was created during the time your father was severely ill, he may have lacked the mental capacity to execute such an instrument, or he may have been the victim of undue influence, both of which could protect your interest in your father's assets now.
if you would like further assistance, email me with more facts, ok.
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