Inheritance

My father setup a living trust but I have no idea what the provisions are and if I am entitled to anything because he may have made me a beneficiary and I forgot or never was given that information. I’d like to look into this since his untimely death last year and may be entitled to assets through inheritance he laid out when he passed away.

Asked on September 13, 2018 under Estate Planning, California

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

I am so sorry for your loss and for the situation.  So unlike a Last Will and Testament, Trusts do not have to be filed with a court in order to follow the deceased wishes once they pass. So in a licing trust the assets that are placed in them are trasnferred to beneficiaries at the time of death.  If you are a beneficiary you should have receiived a copy of the Trust document even if you were not a beneficiary since you would have inherited under intestacy (dying without a Will).  Are you sure there was no estate probated?  Check the Probate Court in the county in which your Father resided at the time of his death.  It is a public record.  Then you may have to seek legal counsel to try and force a copy of the Trust from your Mother if you believe that she is the Trustee.  Good luck.


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