California Trusts Legal Questions

This sounds like a difficult situation.  I am sorry for your loss. If your dad owned any assets just in his name (in other words, not owned jointly with his wife, or in a trust) and that do not have named beneficiaries (such as retirement funds or pay-on-death designated accounts), then his wife will need to be appointed personal representative of his estate by the probate court in order to control those assets.  As your father's heir, you have the right to receive notice of probate proceedings.  You can contest her appointment, seek to be appointed instead of her, or ask the court to oversee her actions.  If she doesn't provide you with information or takes any actions contrary to your father's Will or the law, you can seek to have her removed or have the court order her to act.  As far as the truck, if your dad wrote in his Will that you get the truck, then she will be obligated to transfer ownership to you or subject to a court order to do so if she fails to do it.  But if it is just something that your dad said to you, she is under no legal obligation to transfer ownership of the truck to you.  Last wishes are not legal obligations and, in that case, you woudl have to rely on your stepmom's willingess to honor them, which is more likely to happen if you are super nice to her than if you bring a court challenge.   If your dad did not leave a Will, his wife is entitled to all of his community property and a third of the assets in just his name.  You and your siblings (if any) are entitled to the remaining two-thirds - again, of assets just in his name that are not considered community assets - pursuant to California's law of intestacy.  You can find more information at nolo.com. Good luck.   ... Read More

It is my understanding that trust property is not considered marital.  This depends on the terms of the trust, however.  If you are the trustee and have full access to the trust funds at any time, the court may consider them marital.  Likewise, if the trust has to pay you income, that income is considered marital.  The fact that she lives in the house also complicates things - for instance, she could claim that you both have invested marital funds in the house so that she is entitled to some equity.  This strikes me as a circumstance where an experienced attorney would be worth the cost.  ... Read More

Some of the answers depend on the specific language of the trust.  The trustee is bound to follow the language of the trust, but may not break the law along the way.  I do not think that a trustee would be successful in an eviction action based on your living with your husband and son.  You have a legal right to live with them.    ... Read More

My wife is a dual British and American citizen with property in the UK, so I understand your issues.  Yes, you can transfer the US and UK properties under one California trust that would control the disposition of those properties at your passing.  This is complex.  Contact an attorney for a full consultation.... Read More

Your mother and the person who will be trustee after she dies should consult with your mother's attorney. If the trust terms allow, the trust could continue to receive and distribute the payments, or the trustee could assign the payments after your mother dies. In that case, your brother would send checks to each person for their proportionate share. If the trust receives the payments, a trust tax return will have to be filed each year.... Read More

Your information is contradictory. You say your aunt gave you 25% of the property. But you also say your parents inherited the house "as the sole survivors to the property." Either you were entitled to 25% of the property at your aunt's death, or you have no interest in the property at all. If you were not entitled at your aunt's death, you have no special rights at the deaths of your parents.... Read More

There are a couple of things that you can do.  You can file a probate petition to be appointed as special administrator for your father's estate so that you can deal directly with the mortgage lender.  Second, you can file for a temporary restraining order and preliminary injunction to postpone the sale until the court determines that the mortgage lender complied with California law regarding the foreclosure.  Bottom line: you need an attorney.... Read More

If the trust has become irrevocable, you are entitled to a copy of it. If everything is left to your father's wife, then you have no right to belongings, but you could certainly let the trustee know that you want to buy them. You should look at the trust, however. The trusts I draft, and those of many other attorneys, come with a section where a person can write down a list of who should get belongings and sign and date that list. In that case, the list would control.... Read More

I wouldn't think Mom's trust could be amended, if Mom is deceased (which I assume from the question). If the distribution is relatively small, it could be distributed early in the month and IMMEDIATELY spent down in the month of receipt, for large-ticket items such as a car, purchasing a funeral plan, television, new appliances, computer, etc. The beneficiary would have to report the receipt and spend-down. He would have to pay back one month SSI benefits. If the amount is in that range, please seek further guidance for the exact right way to do this. View Stephen Dale's video: https://www.youtube.com/watch?v=ZMr_RSJPDPU   If the amount is larger than around $50,000, it would be urgent to create a first-party d(4)(a) trust for his portion to be distributed to. If no one in your local area specializes in special needs trusts, someone could work with you remotely. My firm, and probably others, are able to do that. Administration of the trust will be critical as well, to avoid jeopardizing SSI or Section 8 in the future.... Read More