Legal Question in Wills and Trusts in California

I am the successor trustee of my mothers estate, I have tried to have her bank account turned into a trust account and have been told that since my Mother had listed my two brothers and myself as beneficiaries on the account her trust and instructions within that trust mean nothing and I as successor need my two brother permission to convert the account for the trust. Any advice would be greatly appreciated .

Asked on 6/15/21, 9:21 pm

1 Answer from Attorneys

Timothy McCormick Haapala, Thompson & Abern, LLP

Your mother's bank account not being a trust account before she passed away complicates things substantially. Technically you have to probate anything that was not in the trust when she died. If the value of her entire estate is below the probate threshold there are still steps you need to take. You should contact the attorney who prepared the trust for advice, or if they are not available, another wills and trusts attorney.

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Answered on 6/18/21, 11:26 am

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