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JC4U2

Junior Member
What is the name of your state? California.
Does the beneficiary of a codicil giving them a life estate on an estate property have to produce the original so it can be forensically verified if contested by the trustee of the trust or other beneficiaries of the trust?What is the name of your state?
 


Dandy Don

Senior Member
Please give more facts surrounding your case. Why doesn't the trustee already have the original trust document containing the codicil?

How well did you know the decedent and are you related to him/her? Are you a trustee or just a beneficiary? Are there other beneficiaries?

What is the value of this trust?

Is there a will being probated or were all assets put into the trust?

Is the codicil dated?

DANDY DON IN OKLAHOMA ([email protected])
 
Last edited:

JC4U2

Junior Member
more information

My landlady’s mother is the decedent, and my landlady is a beneficiary of the trust along with her one brother. The mother’s live-in boyfriend is the one claiming the life estate to the house they shared, though the property was hers prior to them knowing each other. She pretty much supported him as he receives only a couple hundred dollars in a monthly pension. The property was transferred into the trust the day of the mothers death. The boyfriend never allowed the family to come onto the property to help look for any paperwork after her death. After a few months he produced a copy of the trust reinstatement that was not signed and the codicil that was signed but the signature is questionable. No will was produced and the brother filed for and received letters to administer the estate intestate.
The trustee is the mother’s sister. Shortly after the death she had an accident and broke her hip and was immobile for several months then she was diagnosed with breast cancer which she has recovered from. So she hasn’t done her responsibilities as trustee. The trust has the house valued at apprx. $500,000; a timeshare valued ?; and life insurance and annuities valued at $20,000 to $100,000 not sure.
The estate had a property with two houses that sold for $1,000,000 and a bank account for $8,000 that is awaiting final account and distribution.
My landlady is trying to get the codicil authenticated before the closing of the estate in case these documents are found to be false.
 

Dandy Don

Senior Member
If there is nothing in writing to confirm his contention that he has a life estate, then he is on very shaky ground legally. Do you know whether the landlady's mother had the assistance of a trust attorney to help her draft the trust?

She (or the trustee) needs to be consulting with a probate attorney or trust attorney to find out whether it would be to her benefit or not to protest his position as administrator (he only got it because he filed first). And also find out if she can do anything to get access to the home to search for the will. And also finding out if the trust names an alternate trustee in case the current trustee can't serve and finding another trustee to serve since this one obviously can't do the job.

DANDY DON IN OKLAHOMA ([email protected])
 

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