If my grandfather passed away a few months ago but his wife is still alive, do we have to wait until his wife dies to get our Trust?

He said something about having a Trust for us. Apparently they signed a prenuptial agreement. No one has called us about the reading of the Will.

Asked on June 2, 2014 under Estate Planning, California


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

Answered 6 years ago | Contributor

I am so sorry for your loss.  Just so you know, rarely does anyone gather beneficiaries and read a Will aloud anymore. Generally beneficiaries are sent a copy of a Will (with Trust if applicable) with waivers to enter the Will in to probate and appoint an executor.  There are too many facts here that need clarification to guide you.  If there is a Will and Trust and pre nup then the Will should be offered for probate in the county in which your grandfather resided at the time of his death.  It is a public record. You can see if anything was filed.  The trust is not a public record so you can not see that if it exists. When you are entitled to the Trust would be determined by the Trust document and maybe even the pre nup.  So it has to be read together along with the Will. You are going to have to broach the subject with his wife in some way about the estate.  Pick a family member that gets along with her and see where that leads you.  Or speak with his attorney. Good luck.

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