QUESTION

Does the value of an estate include foreign property?

Asked on Sep 20th, 2016 on Estate Planning - California
More details to this question:
This question pertains to wills and trusts. I am one of three beneficiaries of a family trust. I have two older siblings. My brother (oldest) is successor trustee. My mom, last to die, passed away 12/1/13. I was never provided proper notice that is required when testator dies. I was not given any accounting of assets, bank information, personal property, etc. The only accounting I received was the final accounting the day I was given my inheritance check. He also said he was closing the trust that same day, and if I didn't accept and agree or if I wanted to contest anything, I wouldn't receive my check and would have to forfeit my share due to a no contest clause in the trust. I desperately needed the money for several reasons so I had no choice and was forced to accept the check. I was given a final accounting with my check that had no detail on any of my momโ€™s bank accounts, safe deposit box, personal property or anything. The total value of her estate after funeral expenses, taxes, and all debts were paid came to about $285,000. He did not include a beachfront property that when last appraised about four years ago was worth $400,000. He says he was not required to include that property along with the other two homes she owned which he had quickly sold. He says because the property is in Mexico, he was not required to include it. That house was to be sold first and in fact was for sale at the time she died. My mom was concerned and was selling it when she died. He now refuses to sell it, I have no access to the house, I have gotten nothing from rental fees and I have no info on anything that's going on. He will no return any calls, txt messages, and emails. He has me blocked from all communication. He paid himself $37,000 for trust administration. The accounting shows he paid the estate company $3,000 for administering the trust. There are many other issues I've discovered but the biggest issue is the home he failed to disclose.
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4 ANSWERS

Edwin K. Niles
By bringing a petition for removal, accounting, etc., you are not contesting the trust, but merely the administration. You should see a trust lawyer ASAP. While it may be true that the California court does not have jurisdiction over real property in another state, it does have jurisdiction over the administration. It sounds as if the accounting leaves a bit to be desired.
Answered on Oct 17th, 2016 at 6:34 AM

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Estate Planning Law Attorney serving San Diego, CA at Strazzeri Mancini LLP
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The "estate" includes all property owned by the decedent at the time of death - worldwide. You are entitled to an account, and proper notice. You have waited a long time and that may be a factor, but you should consider filing a petition for a full account in the appropriate probate court.
Answered on Oct 13th, 2016 at 6:19 PM

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Trusts Attorney serving Sacramento, CA at Law Office of Victor Waid
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You are advised to seek a litigation lawyer specializing in trust and probate litigation, immediately to sue on your behalf; sounds like a fraud was committed against you. Time is of the essence.
Answered on Oct 13th, 2016 at 6:19 PM

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You need to go to a local trust and estate attorney who also handles litigation. If title to the property was transferred into the Trust, then it is part of the Trust no matter where the property is located. A full accounting has to be given. A no contest clause exists in Wills, not trusts.
Answered on Oct 13th, 2016 at 6:18 PM

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