Legal Question in Wills and Trusts in California

Thank you for the 3 prior reponses regarding my mothers estate.

Home and stock in a trust - her cash and cd's she decided not to put in the trust with the bank.

My mother is recently deceased, and I understand that since she left her monies in a joint account with myself (trustee of her estate), that "legally" her monies are mine. Here is the dilema which I did not explain in my prior email.

My mother had decided (and had spoken to her lawyer) that even though she had made the trust for her cash/cd's over 6 years ago, she based it on my fathers wishes who had passed several years before that. She was never comfortable with his decision, due to family issues - being that two family members were estranged, promises made to my dad before his passing about my mom (never kept promises), and basically no time for my mom (yes, same old family issues)er. As early as some months ago, she told her attorney she was undecided what she wanted to do, that she might change her mind and disperse monies ahead of time at her descresion she wasnt sure what she really wanted.. Her issue was, that she felt it was unfair that 3 of my siblings shared equally in her "cash", yet, she felt that was unfair to the one that constantly was here to help take care of her with me, and help with my dad, and spent many times enjoying and sharing with my folks. She told me about 4 weeks before her passing, she would leave it up to me to disperse her monies (yes, I am joint) as long as two of my brothers got something (besides the stock which is in a trust) Again, she left her house and everything in it to me (and up to my descresion if I wanted to give anything in the house away). She left her money in a joint account with me, which, I am not comfortable with in the sense, what do I do that is fair? I know she wanted my one brother to receive monies because he did so much for her over the past 35 years, and two brothers were too busy to care. She pained over that over and over for years. So what is right thing to do?

If, I leave the money where it is, actually, i suppose, legally it is/or will be mine, do I gift monies out at my descresion? California law states max gifted is 13000.00 per person. Do i have to pay taxes, do they? Her cash estate is less then 100k. I want to do the right thing, based on what she wanted, but she wasn't sure what she wanted, and wasnt sure she wanted what she expressed in the trust.for her cash. .

Also, her old attorney is very nice, and very professional. However, I have always felt intimidated by him. That's just my personality flaw and nothing against him. I am the executor of mom's estate, and have a boatload on my plate and right now, I am more into missing my mother, then the details of legal issues. I would feel more comfortable with a lawyer,who wasnt so imposing. I know my mom would want me to take care of things as soon as possible, and I would really like to at least disperse the stock in the trust to my brothers asap. Do I have a time frame in california that I have to start processing all this paperwork or that a time frame when I must see an attorney? I am the only daugher, and right now, just devasted about my mom, but, I just want to do the right things, in the right order.


Asked on 7/29/10, 9:04 am

1 Answer from Attorneys

Aaron Feldman Feldman Law Group

There are things that you need to do in terms of trust administration. There are notices that should be sent to beneficiaries and other formalities to attend to. Working with an attorney is the best way to handle these administrative details and I would advise you to find an attorney that you are comfortable working with as soon as possible. That way the attorney and his staff can deal with some of these issues, leaving you with more time to deal with, as you say, what is on your plate already. I would be happy to discuss this with you in person or over the phone. Please feel free to contact me.

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Answered on 8/03/10, 9:56 am


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