QUESTION

Do I have to pay for my parents assets that aren't in the irevovable trust. Litems like wedding rings and tools. The trustee sas they will be sold

Asked on Dec 20th, 2016 on Trusts and Estates - California
More details to this question:
We are concerned our father passed away unexpectedly. It appears he didn'the leave a will. We have discussed for years who would get his old truck, tool box, guns, other personal items. We would also like to keep a hotrod that our kids enjoyed countless outing and memories with our father. The trustee says everthing must be sold. His wife is alive however has been in a convalescent hospital for the last year and is incapacitated. The trustee has durable power of attorney over her.
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1 ANSWER

Estate Planning Attorney serving Woodland, CA
Partner at Sonin Law
3 Awards
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.
Answered on Dec 26th, 2016 at 2:33 PM

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