QUESTION

Earlier question was about brother on stipend, sister is trustee. Brother dies, wife may sue us. More....

Asked on Jan 06th, 2015 on Estate Planning - California
More details to this question:
Mother dies 2 years ago. Brother that was the drug abuser died 2 months ago. His wife is not mentioned in the trust/will, just his sister is. She is the responsible one. The brother got a stipend, and was supported for life, and probably already used up his half of the trust value. He has also two children by another woman than the wife. They are now in their mid-twenties, and their mother has called up looking for money, also. They are not mentioned in the will/trust. Do they have any claim to the estate? We are now property rich, and cash poor, to be able to get a lawyer just yet. We need to sell the house that the sister in law is still living in to get more funds. We are considering an unlawful detainer to get her out of the house. We are prepared to give the whole bunch a respectable amount of cash just as "parting" gifts. We need to sell the house for this to happen, also.
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2 ANSWERS

Probate Law Attorney serving Los Angeles, CA
Partner at Mitchell A. Port
4 Awards
Your situation is complex and requires more than an answer on this site.  You can call me anytime.  310.559.5259
Answered on Jan 07th, 2015 at 12:32 PM

Disclaimer. http://www.los-angeles-lawyers.biz/lawyer-attorney-1177690.html

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Probate Litigation Attorney serving Anaheim, CA
2 Awards
In order to answer your questions we would need to review a copy of the will and trust. There is certainly a good chance that they are not entitled to anything, but it depends on how the trust is drafted. I am assuming that you are the trustee? Thanks,Jon
Answered on Jan 07th, 2015 at 10:26 AM

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