Legal Question in Wills and Trusts in California

heir, not beneficiary rights

i havent seen the trust or will but assuming sibling with poa said is true, i was omitted as beneficiary. I fear fiduciary misuse of funds....My questions: 1Do I have right to see copy of trust & will since mom has passed now? 2as well as the final accounting info? 3 Do I request thru court or just send letter or ?to sibling in charge?


Asked on 7/01/09, 11:37 am

1 Answer from Attorneys

Scott Linden Scott H. Linden, Esq.

Re: heir, not beneficiary rights

Interesting question. If you are a beneficiary, then you have a right to see the will and receive updates on the status. If you were an intentionally ommitted beneficiary, I am not certain if you would have such a right, although you certainly would have nothing to lose by filing a challenge to the ommission in Probate Court.

If you were ommitted, then you would have no recourse against your sibling for misuse of funds, although other beneficiaries would. You would also not have a right to a final accounting.

Perhaps start with a letter to your sibling asking for a copy of the page that specifically omits you as a beneficiary. Once you have that, the next step in the process can be decided.

If you would like to discuss this matter further in a more private forum, please feel free to contact me directly at the email address provided by LawGuru or through our firm�s website located at PasadenaEstatePlanning.com

IMPORTANT:

No attorney-client nor confidential relationship is created through this communication. You may not rely in any way on this communication, and nothing herein constitutes legal advice nor legal opinion. Your issue may be time-sensitive and may result in a loss of rights if you do not obtain an attorney immediately.

Read more
Answered on 7/01/09, 5:06 pm


Related Questions & Answers

More Probate, Trusts, Wills & Estates questions and answers in California