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Uncle's estate, mom's estate, confusion...reposted

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scottfarr

Junior Member
What is the name of your state? CA

I'm not sure why my earlier post was closed. I'm assuming because I edited the entry. Sorry, I didn't realize I was messing up. If there was a different reason for the thread being closed, please fill me in.

Anyways, my repost:

My mother, a resident of california, recently died. A few weeks
before, her brother died of a heart attack in his home in Las Vegas, NE. He
left his estate to my mother (50%) and me and my sister (25% each).
My mother kept her finances completely separate from the step
father's finances. They together had a family trust where all of her
assets were left to me and my sister, and his to his heirs. My question is, should my
mother's proceeds from my uncle's estate be split up by the
family trust or since their finances were clearly kept separate in the
trust, should those proceeds be delivered to me and my sister like the
rest of her assets?

The step father's lawyers say that my mother's percentage of our uncle's estate goes into the family trust and is to be split upon his (step father) death 50% to his family and 50% to me and my sister. Am I delusional in thinking that since their estates were so clearly defined in the family trust (not including uncle's estate) and that she died a few weeks after our uncle, that his assets would combine with her assets and follow the bloodline? Or, if the stepfather's lawyer is correct, wouldn't it make more sense if mom's share of the assets were split 3 ways between step dad, me, and my sister?

Thank you for your thoughts.
 


Dandy Don

Senior Member
You need to be directing your questions to the trustee of the trust. We can't make a definitive decision here because we can't see the trust document and we don't know what the assets are or how they are titled. Stepfather's attorneys may or may not be correct.

DANDY DON IN OKLAHOMA ([email protected])
 

lwpat

Senior Member
Depends on the type of trust. You need to file for probate of your mother's estate and request to be named executor unless there is a will stating differently.
 

anteater

Senior Member
I notice the absence of any reference to the personal representative and/or estate attorney for uncle's estate. At the end of the day, he/she/they are going to have to determine the proper distribution of uncle's estate.
 

scottfarr

Junior Member
Thanks for the responses. We realize now we need to figure out who the trustee is. We had naively taken for granted that step dad was handling things fairly, and according to Mom's wishes. We definitely need to seek some counsel. The uncle's estate was handled by a company that handles estates for relatives out of state. That company dealt directly with the step dad's lawyers, apparently.
 

tecate

Member
Take a look at Probate Code Section 16061.7 for the notice you should be getting soon from the trustee. Once you get a copy of the trust, look carefully at what happens to separate property vs. community property. I would be surprised if the 50-50 split is true for separate property, but its possible.
 
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