Summary
In California, trust beneficiaries are determined by the trusts terms. If a trust specifies oldest living blood descendant, biological connection is key. Adoption can complicate inheritance, but if the trust treats adopted individuals as biological children, you may have a claim. For vehicle ownership, if a vehicle was intended for a deceased beneficiary, you might claim it by obtaining a death certificate, completing a transfer form, and submitting a Statement of Facts to the DMV. Legal aid or pro bono services can assist with these processes.Full Conversation
I have a california living trust question
Hey ****! I'd be happy to help with your California living trust question. Can you please provide more details about your specific question or concern regarding the trust?
My mother was a benificiary to a quarter of the trust. She has just passed away an i was qondering if i would be considered her next living issue.
Generally, in California, if a beneficiary of a trust passes away, their share may go to their descendants, also known as "issue." The specific terms of the trust will determine this.
Is there a copy of the trust document that specifies what happens in such a situation?
Im her next living issue but i was taken from my mother as a child. After foster care i eventuall got adopted out. I ran away when i was * an moved back in with mu mother an have lived with her ever since. The trust is written in this manner "the bennificiary will be the oldiest living blood decendant".
Case Rating: *.
Thanks for providing the details, ****. Based on what you've shared, here are a few points to consider:
- The term "oldest living blood descendant" suggests a biological connection.
- Your adoption might complicate things legally.
Do you have the complete trust document to check for any clauses regarding adoption and inheritance?
Yes it say, " a legally adopted person in any generation and his or her decendants,including adopted decendants,has the rights and should be treated in the same manner ubder this agreement as would children born of the adopting parent"
****, based on the trust's language, it appears that legally adopted individuals, and their descendants, should have the same rights as biological children. Given this, you may have a valid claim.
Have you consulted with a trust and estate attorney to review the specifics of the trust document?
Cant afford it thats why im talking to you
It seems like you might have a strong case, given the language in the trust document. Here are some steps you can consider:
- Contact your local legal aid organization for free or low-cost legal advice.
- Check if there are any pro bono estate lawyers in your area.
- Look into court self-help centers for guidance on trust and estate matters.
Would you like information on local legal aid services in California?
When my grandmother died the trustee gave my mom the title to the truck and the spare keys to my mother since it has allways been hers it was titled in my grandmothers name though. Now my mother has passed and i have the truck and title but my mother never titled it in her name. Do i have to legally give the truck up to the trustee?
You may not need to give the truck back to the trustee. Since the truck was intended for your mother and she possessed it, you might be able to claim ownership. It would be helpful to consult with a legal aid organization or a pro bono attorney to confirm.
Would you like information on local legal aid services in California?
Whatsvthe legal process i need to take to claim ownership?
To claim ownership of the truck, you generally need to follow these steps in California:
- Obtain a copy of the death certificate for your mother.
- Complete a transfer form (California Certificate of Title or Application for Duplicate Title).
- Provide a Statement of Facts (REG *) to explain the situation.
- Submit these documents to the California Department of Motor Vehicles (DMV).
Would you like more detailed information on completing these forms?
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