Legal Question in Wills and Trusts in California

settle a estate

parents have living trust. Parent recently died few weeks ago. how long does it the process take to settle estate? Is it good to get attorney as I think my brother who is excutator is crooked. I received no notice of his death and think he influenced him


Asked on 7/10/08, 3:00 am

3 Answers from Attorneys

Janet Brewer Law Office of Janet L. Brewer

Re: settle a estate

It can take from 2 hours to 2 decades to settle an estate, depending upon the estate's complexity. If one of your parents is still alive, most likely the trust won't be completely "settled" until after his/her death - there may be some retitling of assets now, depending on the size of the estate and whether it is subject to estate taxes or not.

If both of your parents are deceased, then the answer depends on the terms of the trust, the number of assets in the trust, and a host of other factors.

If your parents lived in California, then you have a right to receive a copy of the trust. If you believe that it has "problems", you have a limited amount of time after you receive your copy to challenge the trust. You also have the right to be kept apprised of the status of the trust administration.

If your parents did not live in California, then the trustee would need to follow the laws of the state where they lived (or perhaps the laws of the state where the trustee lives - again, depending on a number of factors that I would need to know before I could answer this question more completely).

This information is not intended to substitute for professional legal advice and does not create an attorney-client relationship. You should accept legal advice only from a licensed legal professional with whom you have an attorney-client relationship.

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Answered on 7/10/08, 11:19 am

Re: settle a estate

We often represent beneficiaries in trust matters to help make sure the trustee does their job correctly. Please contact me if you would like to discuss how we can help you! -John

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Answered on 7/10/08, 11:24 am
OCEAN BEACH ASSOCIATES OCEAN BEACH ASSOCIATES

Re: settle a estate

It is imperative that an attorney reviews the trust and its implementation to enforce your rights. Contact me directly.

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Answered on 7/10/08, 1:20 pm


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