UPDATED: May 14, 2009
It’s all about you. We want to help you make the right legal decisions.
We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
okay so my grandpa had a living trust and died. then my dad was getting his part of trust and died, a day before it would have went through to him. so now it’s in probate and my step-mom is mad cause she has to share now. what are our rights? does property include accounts and vehicles in both of their names? what about personal property of value that was his. doesn’t it need to be accounted for? what if she doesn’t include it. she wants all the cash an undetermined amount after probate and wants to give us (kids) the real property which supposedly is valued more than cash.
Asked on May 14, 2009 under Estate Planning, California
L.M., Member, California Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
First, your grandfather's death and his living trust, and your father's death and his assets, are two separate issues. When someone has a living trust and one of the beneficiaries of the trust dies prior to distribution, that beneficiary's share goes either to an alternate beneficiary as set out in the trust document, or gets split among the other beneficiaries if there is no alternate beneficiary named. You don't indicate whether or not your father had a will or a trust with his assets. If he had a will, his assets would be distributed according to the terms of the will after probate proceedings. If he had a trust, all is distributed according to the trust without probate. If there is no will and no trust, it is not up to your step-mom but up to the court to determine in the probate process who gets what according to state law. Your family needs to get some help from an attorney to handle these two matters.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.