QUESTION
What can I do if a trust was left for my children but I was not the wife of their father and not listed as the trustee?
Asked on Jul 20th, 2014 on Trusts and Estates - California
More details to this question:
My children's father and I were not married when he died from an accident. He had a trust made out to our boys but I was not made the trustee, he made his cousin the trustee. Because of property he owned in California, Iam very happy he did this as she is a realtor and knows the ins and outs of that state and property. I am concerned though because I have not heard anything about the trust nor received any information on behalf of the boys since the trust was sent to probate/executed. I was wondering if I am suppose to receive information pertaining to this trust and if so what information should I request and maintain. I have received information from the lawyer that the cousin used to execute the trust about 3 years ago but that is all the information I have received.
1 ANSWER
Taxation Attorney serving Santa Monica, CA
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Lyster, Inc.
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If your boys are over 18 years of age, you will not receive any notices or other information. If you are the boys' legal guardian (they are still minors) you should have gotten notices on their behalf that they are named as beneficiaries of the trust. A revocable trust would not necessarily become part of a probate proceeding; if the trust was set up in the father's will, then there would have to be a probate proceeding and notices of that proceeding would need to be served on you (as guardian for the boys). Trustees are required to account to the beneficiaries at least annually.
Answered on Jul 21st, 2014 at 12:29 PM