QUESTION

Who is the legal heir to the estate?

Asked on Jul 03rd, 2020 on Wills and Probate - California
More details to this question:
my mother and father made my sister trustee to the estate. She was added to their bank accounts and on the deed to their home. Mom died first, then my sister died. I returned to Eureka and cared for my father and all his finances until his death, last summer. My niece, claims she is the heir because her mother made her the trustee before she died. I believe I am entitled to the estate because I am the sole surviving Child of Mom and Dad. Anyway I was physically removed from the property 1 month ago by Sheriffs.
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2 ANSWERS

Estate Planning Attorney serving Woodland, CA
Partner at Sonin Law
3 Awards
There is an absolute difference between being a trustee and being a beneficiary. If your sister was added to their bank accounts and their deed, not as a trustee, but in her individual name, then legally those things belonged to her after the death of both of your parents, and are now part of her estate, not your parents' estate.  However, it is very likely that is not what your parents intended. If she was added only for convenience, you have a legal right to regain half the estate. Your niece, as your sister's heir, would be entitled to the other half.  If you want to pursue this, you will need to hire a local attorney. This is not a minor legal battle, and will incur costs in the thousands of dollars.
Answered on Jul 06th, 2020 at 9:59 AM

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Wills Attorney serving Austin, TX
2 Awards
If there is no Will you and any children of a child who predeceased your parents may be the heirs. But Wills and heirship only govern property which is not titled in the name of a trust.  Some trusts do provide for the successor trustee to name her own successors.  In any event, the trustee or successor trustee must follow the terms of the trust in making distributions and, in most states, provide an annual accounting to any beneficiary over a certain age.  Send a letter certified mail, return receipt requested, demanding an accounting.  If you do not receive one within 60 days, hire a lawyer.  You may not be a beneficiary.  Or you may be a beneficiary and need to have the trustee replaced by the court.
Answered on Jul 04th, 2020 at 5:06 AM

This is general information. It cannot substitute for a personal consultation with an attorney. It is not intended to be legal advice or imply an attorney-client relationship.

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