Legal Question in Wills and Trusts in California

I just received a phone call today from an atty informing me that my ex husband passed away last month.

He was listed as the trustee to his parents trust. His Dad passed away in 2008 so it is only his 92 year old mother left and she is in frail health in a nursing home. I am going to try and visit her and see if she is still of sound mind.

The attny representing my ex-husband's "wife" stating the she should now be the successor trustee and for me to sign away my rights to such.

I believe this marriage may still or not exist on paper, but it is from the early 1990's. From blogs online, I see that he has a new wife of a couple of years although I cannot find any documents that he was married to either of these women.

#1, I know not to sign away my trustee rights until I know all the details, but I am wondering what my rights are.

My ex husband does not have children... his current "wife" does, but I don't believe he adopted them.

If the trust states the trustee is entitled to receive reasonable compensation for services... I guess that applies to me.

I am asking the ex wife's attorney for a copy of the complete trust to see who the beneficiaries are.... there aren't any further relatives to be beneficiaries except as it states " to his heirs, legatees, devisees, administartors and executors" I am positive that he would not have made out a will. I guess a marriage would make his current wife the beneficiary?

Do I come in here iin any way as a beneficiary?

thanks


Asked on 8/21/10, 1:08 am

3 Answers from Attorneys
George Shers Law Offices of Georges H. Shers

You are wise to demand to see the entire trust document before doing anything. You hae to see whom is named the successor trustee. What your rights are depends upon what the Trust document says. Unless you are named [look at the facts upon his death and not those at time trust drawn up], normally you would have no right.If he was legally married to any of the women they would be a beneficiary unless he excluded them..

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Answered on 8/26/10, 6:41 am

I'm confused by "THIS" marriage may still exist on paper or not. Do you mean yours? The one to the "wife" represented by counsel? A third wife? Unless your marriage was never actually and fully terminated by a final divorce decree, or the trust expressly names you as a beneficiary and/or successor trustee, you have no grounds to claim the trustee job. Theoretically you might have some residual claim to the proceeds of the trust if it was not dealt with in a divorce decree, but that would not be very likely. My guess is that the attorney is covering all his bases, is all, rather than you having any serious claim, but you are right to run this through to make sure. Once you get the trust documents, you need to take them to a highly qualified trusts and estates attorney.

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Answered on 8/26/10, 10:44 am
James Bame San Diego Law Office

Get a copy of the trust and have an attorney review it as well as the legitimacy of his subsequent marriage. Contact me directly.

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Answered on 8/27/10, 4:31 pm


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