Legal Question in Wills and Trusts in California
Does a will count
After my mother died my father put an amendment on their trust and at the same time he wrote a new will. It isn't the usual pour over will. It states very clearly that if anyone conspires to remove the trustee they were to receive nothing. I was trustee in origial and amended trust.We had mediation and all agreed to go back to original trust and I agreed to give up trustee position in hopes it would stop the family fighting for my father's sake. My father was not present at medieation but his attorney was and even she said my father wanted me to remain as trustee.My father was very upset with me for giving up trustee position.Not one attorney mentioned my Dad's last will. My father has sence passed away. Does his last will mean anything?I have letters from sisters asking that I be removed as trustee.
3 Answers from Attorneys
Re: Does a will count
this kind of question cannot be answered without reading the documents or providing a lot more info.
Re: Does a will count
If the second Will is valid, dated, voids all previous Wills, signed and properly witnessed, etc. Then it counts. Any property that was not put into the Trust (funded) goes by the valid Will. There are issues of course that the second Will may more properly be a codicile of the first Will, etc. However, if your Dad used an attorney then it's probably vald. As far as the heirs agreeing to do what they want to do with the money. That's up to them. The probate court can distribute the money and property in accordance with the valid Will. And the heirs can change it. The heirs can let in another heir not recognized in the Will, and agree to let money to go to that heir. The heirs can not cut out an heir without that heirs permission. As far as the Trust's Trustee I don't know how you feel about your Dad. But if my Dad told me to be Trustee. My sisters (God bless them) can go to hell. When my Mother died. I asked my sister Mary Ann how much money Mom left. Mary Ann said, "(Our sister) Shirley took real good care of Mom. So drop it Vic." I dropped it. Shirley distributed the little money Mom left several years later. This is family. You're a man. Do what your Dad wanted you to do.
Re: Does a will count
Since it appears that you are represented by counsel, I am unable to answer your question.
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