Legal Question in Wills and Trusts in California
Wills and trusts
My dad recently passed away and left my two brothers as executors. There are 4 children and each are suppose to get 1/4 each of total assests. Some was left in trusts and some may go to probate. My dad left a stipulation in my portion to protect mine from my ex-husband and my lack of making good financial descions. We are not sure what the stipulations are because we do not have the original will it cant be found and the attorney didnt seem to know what they were either. Can the executors change any of my dads decisions that were pre-written. It is starting to get ugly and I want to proctect my assests as well. I want to make sure that what my dad had planned is followed through with and not changed by my brothers.
2 Answers from Attorneys
Re: Wills and trusts
Assets in the name of the trust should be dealt with as per the trust agreement. If not in the trust, normally, a pour over will would have accompanied the trust that revoked all prior wills and stated that any assets in the name of the decedent should to trust.
But, your question implies that the probate does not have those assets going to to the trust and that there is no will being probated, since if there were, the will would be filed in the probate action and available to everyone.
Perhaps you should consult an attorney. For a few hundred dollars you should be able to get all of this resolved if everyone is dealing in good faith.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
