Legal Question in Wills and Trusts in California
My father past away 5 years ago. His family has a trust and my father had no will. He was divorced from my mother and never paid child support or alimony. Are my siblings and I able to collected on the back child support and alimony for mother through the trust and are we intitled to my fathers share of the trust since he had no will.
1 Answer from Attorneys
The answer to your question depends on the terms of the trust. You are a little late in pursuing this matter five years after your father's death. The best answer I can give you is it depends on the terms of the trust. What do the terms of the trust provide for on the death of your father. You apparently do not know whether the trust was distributed on the death of your father. There may be nothing left for you to go after. All of the options open to you would require you to petition the court for a determination of beneficiary status and that may be too late due to a statute of limitations.
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