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

Answers:

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.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.