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Probate And Trust Dispute
Summary
In California, if a will is not filed, the estate may be treated as intestate, but the will remains valid. Trust assets should be managed per the trusts terms. If assets are moved improperly, beneficiaries can contest. To compel the production of the original trust, file a petition with the probate court. Beneficiaries can request trust documents, even if excluded from a new trust. Consider asking the lawyer for the original trust before court action. Consult a local attorney for personalized advice.Full Conversation
There is a will involved
Got it! Here’s some general information about probate with a will in California:
- The will must be filed with the probate court.
- The executor named in the will is responsible for managing the estate.
- Probate typically involves validating the will, inventorying the deceased's property, paying debts/taxes, and distributing assets to beneficiaries.
Do you need specific information on any of these steps?
- The will must be filed with the probate court.
- The executor named in the will is responsible for managing the estate.
- Probate typically involves validating the will, inventorying the deceased's property, paying debts/taxes, and distributing assets to beneficiaries.
Do you need specific information on any of these steps?
what happens if the will is not filed when someone passes
If a will is not filed after someone passes away in California, the following can happen:
- The estate may be administered as if there is no will (intestate succession).
- The executor can face legal consequences.
- Beneficiaries may not receive their intended inheritance.
Would you like more detailed information or have another question?
- The estate may be administered as if there is no will (intestate succession).
- The executor can face legal consequences.
- Beneficiaries may not receive their intended inheritance.
Would you like more detailed information or have another question?
More details please. My father passed away and my mother sent. me his will but never filed it
Case Rating: *
If your mother has not filed the will, it's important to do so promptly. Here are some steps you should consider:
- File the will with the probate court in the county where your father resided.
- Petition the court to open probate.
- The court will appoint the executor to manage the estate.
Would you like more specific guidance on how to proceed with filing the will?
If your mother has not filed the will, it's important to do so promptly. Here are some steps you should consider:
- File the will with the probate court in the county where your father resided.
- Petition the court to open probate.
- The court will appoint the executor to manage the estate.
Would you like more specific guidance on how to proceed with filing the will?
If the will was not filed yet -- he passed away 3 years ago - is it still valid?
Case Rating: *
The will might still be valid, but you may face complications due to the delay. Here are some key points:
- California law generally does not invalidate a will if it is not filed within a specific time.
- However, the executor may face complications in administering the estate.
- Beneficiaries may need to provide explanations for the delay.
Would you like guidance on how to proceed with filing the will now?
The will might still be valid, but you may face complications due to the delay. Here are some key points:
- California law generally does not invalidate a will if it is not filed within a specific time.
- However, the executor may face complications in administering the estate.
- Beneficiaries may need to provide explanations for the delay.
Would you like guidance on how to proceed with filing the will now?
I would prefer that his estate be administered via intestate succession.
Case Rating: *
Understood. Here are some key points regarding intestate succession in California:
- The estate will be distributed according to California's intestate succession laws.
- The surviving spouse and children typically receive priority.
- The probate court will appoint an administrator to manage the estate.
Do you need help with the next steps in the intestate succession process?
Understood. Here are some key points regarding intestate succession in California:
- The estate will be distributed according to California's intestate succession laws.
- The surviving spouse and children typically receive priority.
- The probate court will appoint an administrator to manage the estate.
Do you need help with the next steps in the intestate succession process?
I am a surviving child there is also my mother and brother. I think she has moved all my father's assets out of their trust and into another one. She sold the family home and purchased a new one putting it in a different trust.
Case Rating: *
It's important to understand that moving assets from one trust to another can have significant legal implications. Here are some key points:
- Trust assets are managed according to the terms of the trust.
- Transferring assets may require approval from beneficiaries or a court.
- Your mother's actions could be contested if they violate the terms of the original trust.
Would you like more information on how to contest the trust changes or another aspect of this issue?
It's important to understand that moving assets from one trust to another can have significant legal implications. Here are some key points:
- Trust assets are managed according to the terms of the trust.
- Transferring assets may require approval from beneficiaries or a court.
- Your mother's actions could be contested if they violate the terms of the original trust.
Would you like more information on how to contest the trust changes or another aspect of this issue?
Sure she did send me a copy of the trust which states she gets everything when he passed away
Case Rating: *
It sounds like there might be potential legal issues regarding the administration of the trust and the transfer of assets. Here are some key points to consider:
- Verify the terms of the trust to ensure your mother's actions align with the stipulations.
- If the trust terms are violated, beneficiaries can contest the changes.
- Consult a lawyer to understand the potential for contesting the trust.
Would you like more details on how to contest the trust changes or any other aspect of this situation?
It sounds like there might be potential legal issues regarding the administration of the trust and the transfer of assets. Here are some key points to consider:
- Verify the terms of the trust to ensure your mother's actions align with the stipulations.
- If the trust terms are violated, beneficiaries can contest the changes.
- Consult a lawyer to understand the potential for contesting the trust.
Would you like more details on how to contest the trust changes or any other aspect of this situation?
Is it best to challenge the trust after she passes away of now since she never filed my dad's will
Case Rating: *
It's generally best to address trust issues sooner rather than later. Challenging the trust now might help prevent further complications and the potential dissipation of assets. Here are some steps you can consider:
- Review the trust documents and will thoroughly.
- Consult with a trust and estate attorney for specific legal advice.
- File a petition with the probate court to challenge the trust administration.
Would you like more specific guidance on any of these steps?
It's generally best to address trust issues sooner rather than later. Challenging the trust now might help prevent further complications and the potential dissipation of assets. Here are some steps you can consider:
- Review the trust documents and will thoroughly.
- Consult with a trust and estate attorney for specific legal advice.
- File a petition with the probate court to challenge the trust administration.
Would you like more specific guidance on any of these steps?
Can challenging the trust administration force my mom to show the original trust?
Case Rating: *
Challenging the trust administration can indeed compel your mother to show the original trust. Here are some points to consider:
- Filing a petition with the probate court can request that the court order her to produce the trust documents.
- Beneficiaries have the right to see the original trust to ensure its terms are followed.
Would you like more information on how to file a petition with the probate court?
Challenging the trust administration can indeed compel your mother to show the original trust. Here are some points to consider:
- Filing a petition with the probate court can request that the court order her to produce the trust documents.
- Beneficiaries have the right to see the original trust to ensure its terms are followed.
Would you like more information on how to file a petition with the probate court?
If she says the new trust shows I am not a beneficary can I still request that the original trust be produced
Case Rating: *
Yes, you can request that the original trust be produced. Beneficiaries have the right to see the original trust to ensure its terms are being followed. You may need to file a petition with the probate court to compel its production.
Would you like more information on filing a petition with the probate court?
Yes, you can request that the original trust be produced. Beneficiaries have the right to see the original trust to ensure its terms are being followed. You may need to file a petition with the probate court to compel its production.
Would you like more information on filing a petition with the probate court?
How would I file a petition to compel my mother to produce the original trust. This is for california. Does her not filing my dad's will invalidate the current trust?
Case Rating: *
Filing a petition to compel your mother to produce the original trust involves the following steps:
- File a petition with the probate court in your county.
- Provide details about the trust and your reasons for needing the original document.
- Serve the petition to your mother.
Her not filing your dad's will does not automatically invalidate the current trust. The trust and the will are separate legal documents.
Would you like more detailed guidance on filing the petition?
Filing a petition to compel your mother to produce the original trust involves the following steps:
- File a petition with the probate court in your county.
- Provide details about the trust and your reasons for needing the original document.
- Serve the petition to your mother.
Her not filing your dad's will does not automatically invalidate the current trust. The trust and the will are separate legal documents.
Would you like more detailed guidance on filing the petition?
Sure I live in Alameda county
Case Rating: *
Filing a Petition to Compel Production of the Original Trust:
*. Prepare the Petition:
- Draft a petition explaining why you need the original trust.
- Include details about the trust and your concerns.
*. File the Petition:
- Submit the petition to the probate court in Alameda County.
*. Serve the Petition:
- Serve the petition to your mother, following legal requirements.
Would you like more specific information on preparing the petition or any other step?
*. Prepare the Petition:
- Draft a petition explaining why you need the original trust.
- Include details about the trust and your concerns.
*. File the Petition:
- Submit the petition to the probate court in Alameda County.
*. Serve the Petition:
- Serve the petition to your mother, following legal requirements.
Would you like more specific information on preparing the petition or any other step?
How do I prepare the petition?
Case Rating: *
To prepare the petition to compel the production of the original trust, follow these steps:
*. Draft the Petition:
- Title: "Petition to Compel Production of Trust Documents"
- Parties: Name yourself as the petitioner and your mother as the respondent.
- Introduction: State who you are (a beneficiary), your father's passing, and the existence of a new trust.
- Facts: Detail the original trust, your father's will, and your concerns about the new trust.
- Request for Relief: Ask the court to order your mother to produce the original trust.
- Verification: Sign a verification statement affirming the truth of the petition.
*. File the Petition:
- Submit your petition to the probate court in Alameda County. Ensure you pay the required filing fee.
*. Serve the Petition:
- Follow legal procedures to serve the petition to your mother.
Would you like more specific guidance on any of these steps?
To prepare the petition to compel the production of the original trust, follow these steps:
*. Draft the Petition:
- Title: "Petition to Compel Production of Trust Documents"
- Parties: Name yourself as the petitioner and your mother as the respondent.
- Introduction: State who you are (a beneficiary), your father's passing, and the existence of a new trust.
- Facts: Detail the original trust, your father's will, and your concerns about the new trust.
- Request for Relief: Ask the court to order your mother to produce the original trust.
- Verification: Sign a verification statement affirming the truth of the petition.
*. File the Petition:
- Submit your petition to the probate court in Alameda County. Ensure you pay the required filing fee.
*. Serve the Petition:
- Follow legal procedures to serve the petition to your mother.
Would you like more specific guidance on any of these steps?
I want to compel my mom to produce the original trust because I fill the new one, which states I am no longer a beneficiary, was create when he had dementia or has been altered without his knowledge.
Case Rating: *
To compel your mother to produce the original trust, you need to file a petition with the probate court. Here are the specific steps to prepare the petition:
*. Draft the Petition:
- Title: "Petition to Compel Production of Trust Documents"
- Parties: Name yourself as the petitioner and your mother as the respondent.
- Introduction: State who you are (a beneficiary), your father's passing, and the existence of a new trust.
- Facts: Detail the original trust, your father's will, and your concerns about the new trust being created when your father had dementia or was altered without his knowledge.
- Request for Relief: Ask the court to order your mother to produce the original trust.
- Verification: Sign a verification statement affirming the truth of the petition.
*. File the Petition:
- Submit your petition to the probate court in Alameda County. Ensure you pay the required filing fee.
*. Serve the Petition:
- Follow legal procedures to serve the petition to your mother.
Would you like more detailed guidance on any of these steps?
To compel your mother to produce the original trust, you need to file a petition with the probate court. Here are the specific steps to prepare the petition:
*. Draft the Petition:
- Title: "Petition to Compel Production of Trust Documents"
- Parties: Name yourself as the petitioner and your mother as the respondent.
- Introduction: State who you are (a beneficiary), your father's passing, and the existence of a new trust.
- Facts: Detail the original trust, your father's will, and your concerns about the new trust being created when your father had dementia or was altered without his knowledge.
- Request for Relief: Ask the court to order your mother to produce the original trust.
- Verification: Sign a verification statement affirming the truth of the petition.
*. File the Petition:
- Submit your petition to the probate court in Alameda County. Ensure you pay the required filing fee.
*. Serve the Petition:
- Follow legal procedures to serve the petition to your mother.
Would you like more detailed guidance on any of these steps?
What happens if she is unable or willing to produce the orginal trust?? Can she claim I have no right to see the original trust since I am not a beneficary of the new trust
Case Rating: *
If your mother is unable or unwilling to produce the original trust, the court can compel her to do so if you file a petition. Since you believe the new trust was created under questionable circumstances, the court may order her to provide the original trust for review.
Would you like more information on how to proceed with the petition or any other aspect of this issue?
If your mother is unable or unwilling to produce the original trust, the court can compel her to do so if you file a petition. Since you believe the new trust was created under questionable circumstances, the court may order her to provide the original trust for review.
Would you like more information on how to proceed with the petition or any other aspect of this issue?
Should I ask her lawyer for a copy of the original trust before going to court to compel her to produce it
Case Rating: *
Yes, it can be beneficial to ask her lawyer for a copy of the original trust before going to court. If the lawyer provides it, it could save you time and legal fees. However, if the lawyer refuses, you can then proceed with filing the petition.
Would you like more detailed guidance on how to ask her lawyer for the trust document?
Yes, it can be beneficial to ask her lawyer for a copy of the original trust before going to court. If the lawyer provides it, it could save you time and legal fees. However, if the lawyer refuses, you can then proceed with filing the petition.
Would you like more detailed guidance on how to ask her lawyer for the trust document?
Yes provide more details on how to ask her lawyer for the original trust document.
Case Rating: *
Here are some steps to ask your mother's lawyer for the original trust document:
*. Draft a Formal Request Letter:
- Address the letter to your mother's lawyer.
- State your name and your relationship to the trust.
- Explain the situation and your concerns about the new trust.
- Clearly request a copy of the original trust document.
*. Include Specific Details:
- Mention your father's passing and the existence of the new trust.
- State your belief that the new trust may have been created under questionable circumstances.
*. Request a Response:
- Ask for a response within a specific timeframe (e.g., 14 days).
Would you like a template for the formal request letter?
Here are some steps to ask your mother's lawyer for the original trust document:
*. Draft a Formal Request Letter:
- Address the letter to your mother's lawyer.
- State your name and your relationship to the trust.
- Explain the situation and your concerns about the new trust.
- Clearly request a copy of the original trust document.
*. Include Specific Details:
- Mention your father's passing and the existence of the new trust.
- State your belief that the new trust may have been created under questionable circumstances.
*. Request a Response:
- Ask for a response within a specific timeframe (e.g., 14 days).
Would you like a template for the formal request letter?
Sure a template would be great
Case Rating: *
Sure! Here’s a template for requesting the original trust document from your mother's lawyer:
---
[Your Name]
[Your Address]
[City, State, Zip Code]
[Email Address]
[Phone Number]
[Date]
[Lawyer's Name]
[Lawyer's Address]
[City, State, Zip Code]
Re: Request for Original Trust Document
Dear [Lawyer's Name],
I hope this letter finds you well. My name is [Your Name], and I am the [relationship to the trust, e.g., "son/daughter of the deceased"].
I am writing to address concerns regarding the administration of my late father's estate and the existence of a new trust. My father, [Father's Name], passed away on [Date of Passing]. Recently, I learned that a new trust has been created, which states that I am no longer a beneficiary. I believe this new trust may have been created under questionable circumstances, potentially when my father was suffering from dementia or without his knowledge.
In light of these concerns, I respectfully request a copy of the original trust document to ensure that the terms of my father's estate are being followed appropriately. I would appreciate your cooperation in providing this document within 14 days of receiving this letter.
Thank you for your attention to this matter. Please feel free to contact me at [Your Phone Number] or [Your Email Address] if you have any questions or require further information.
Sincerely,
[Your Name]
---
Would you like more help with your case?
Sure! Here’s a template for requesting the original trust document from your mother's lawyer:
---
[Your Name]
[Your Address]
[City, State, Zip Code]
[Email Address]
[Phone Number]
[Date]
[Lawyer's Name]
[Lawyer's Address]
[City, State, Zip Code]
Re: Request for Original Trust Document
Dear [Lawyer's Name],
I hope this letter finds you well. My name is [Your Name], and I am the [relationship to the trust, e.g., "son/daughter of the deceased"].
I am writing to address concerns regarding the administration of my late father's estate and the existence of a new trust. My father, [Father's Name], passed away on [Date of Passing]. Recently, I learned that a new trust has been created, which states that I am no longer a beneficiary. I believe this new trust may have been created under questionable circumstances, potentially when my father was suffering from dementia or without his knowledge.
In light of these concerns, I respectfully request a copy of the original trust document to ensure that the terms of my father's estate are being followed appropriately. I would appreciate your cooperation in providing this document within 14 days of receiving this letter.
Thank you for your attention to this matter. Please feel free to contact me at [Your Phone Number] or [Your Email Address] if you have any questions or require further information.
Sincerely,
[Your Name]
---
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