Legal Question in Wills and Trusts in California
Beneficiary Rights
I recently found out I, along with my sisters,am a
beneficiary to My Aunt's Fortune.I was not notified by
the Trustee of the Trust or by the lawyer who set up
the Trust for my Aunt. My Cousine, was originally the
Sole Heir and he died in November of 2000 and I found
out that the trust specifies upon his death myself &
5 others in my family are thr heirs. The Trustee, NOT
a beneficiary or a family member, will not return my
phone calls. The lawyer who set this trust up will
also not contact me. They have not notified us of
anything. Arent't they required by law to notify us?
Also how would we go about proceeding to collect our
inheritance? We don't know where to start. My Aunt
died in M
2 Answers from Attorneys
Re: Beneficiary Rights
If you are indeed a beneficiary, then you are entitled to a copy of the trust document. The problem here maybe that the initial beneficiary (your cousin) died after the Trustor (your aunt) so that now the assests are a part of his estate and therefore must be distributed according to his will or if intestate according to law.
Re: Beneficiary Rights
Yes, you are entitled to get a copy of the Trust. There are issues, however, regarding who is entitled to the assets since your Cousin predeceased your Aunt. If the trust specified that you and the others were to receive the assets if your Cousin died first, then you should receive it.
There are steps that can and should be taken to enforce your rights. You and/or the other beneficiaries should retain an attorney for this purpose.
I would be happy to speak with you about this matter.
J. Caleb Donner
LEGAL WARRIORS sm
805-494-6557
email: [email protected]
WEBSITE: www.donnerlaw.com
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