LAResident
New Member
hello,
I have several questions:
In a judgement filed in 1990 in California, my father was to list me (a minor at the time) as the principal beneficiary of his estate upon his death and that the will should be written forthwith. It doesn't not state whether I would need to be a minor to still receive such benefits. A few years ago, he remarried and created a trust, making his wife co-trustee, alongside a third-party person (whom, from previous experiences, has not served the best interest of the trust). When my father became incapacitated, several changes were made to the trust, which he was incapable of signing off on. My questions are:
What sort of legal protections allows a person to sign for another person while they are still living?
Does a trust supercede a will? If so, must the trust account for any court judgements that were made? If so, would I have needed to be notified or sign off on my rights?
One of his assets is held in community property, along with his wife, and a few months before his death, transferred to the trust. Is that legal?
Are trustees legally obligated to show the trust to the biological children? If so, what is the timeline?
When it involves a trust, can it be taken to court to put a freeze on all assets until any disputes are resolved?
Does a trust fall under the estate or does the estate fall under the trust?
What evidence is needed to prove that his trust has been mismanaged? If you are listed as a beneficiary, in some capacity, can you even take this to court?
Thank You
I have several questions:
In a judgement filed in 1990 in California, my father was to list me (a minor at the time) as the principal beneficiary of his estate upon his death and that the will should be written forthwith. It doesn't not state whether I would need to be a minor to still receive such benefits. A few years ago, he remarried and created a trust, making his wife co-trustee, alongside a third-party person (whom, from previous experiences, has not served the best interest of the trust). When my father became incapacitated, several changes were made to the trust, which he was incapable of signing off on. My questions are:
What sort of legal protections allows a person to sign for another person while they are still living?
Does a trust supercede a will? If so, must the trust account for any court judgements that were made? If so, would I have needed to be notified or sign off on my rights?
One of his assets is held in community property, along with his wife, and a few months before his death, transferred to the trust. Is that legal?
Are trustees legally obligated to show the trust to the biological children? If so, what is the timeline?
When it involves a trust, can it be taken to court to put a freeze on all assets until any disputes are resolved?
Does a trust fall under the estate or does the estate fall under the trust?
What evidence is needed to prove that his trust has been mismanaged? If you are listed as a beneficiary, in some capacity, can you even take this to court?
Thank You
