Legal Question in Wills and Trusts in California

Trust

Great Uncle moved in with his sis for the time being. He wanted to pay for an addition at my sister's home because he was miserable at his sister's home.

He let it be known that we (3 sister's) and our children would be taken care of. He told them to get in to college get student loans and IF they completed, he would pay the loans. This was his insurance they would complete.

He died right after they started school. They started 12/06 & 1/07, 2/07. HE died 1/07. 2 have finished and 1 will graduate in Dec.

NOW his trust has disappeared from his sister's home. The greedy daughter of his sister found it in her best interest to destroy the trust becuase in his earlier trust, everyone was deceased, leaving her mom (his sis) next of kin to collect nearly a million in cash.

Yet he made it known to everyone his intentions. Now they have filed to be appointed successor trustee of an outdated trust, outrageuos.

Does the IRS or county recorder's office have knowledge of trusts? A CPA (ex IRS agent) told me county recorder probably has latest trust.

I don't believe that he had the student loans in his trust, this was just common knowledge, as he spoke openly about education.

he did it for another nephew in PA.


Asked on 4/14/08, 12:57 pm

2 Answers from Attorneys
Phillip Lemmons, Esq. Phillip Lemmons APC, Attorneys at Law

Re: Trust

you might be able to collect on his promise to pay student loans from the administrator of his estate. contact a probate litigator in your area.

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Answered on 4/14/08, 9:04 pm
Mitchell Roth MW Roth, Professional Law Corporation

Re: Trust

Tough case. YOu can sue, but its an iffy proposition.

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Answered on 4/16/08, 9:21 am


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