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Wills, Trusts and Estate Planning : Includes Living Trusts, Estate and Gift Tax Planning, etc.
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  #1  
Old 09-15-2003, 05:21 PM
DonnaDee
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Living Trust


What is the name of your state? California
My Mom passed away last Christmas. On her 2nd marriage she made sure that everything that my dad and her had together kept seperated. In her Living Trust she made me the Trustee and she disinherited her 2nd husband as he was living in the home of my father and her. Her Trust specifically states he is not to recieve anything. In fact when her Trust was made out she made a bill of sales out for me to recieve everything in her home!
Well as I am going thru the house as we are getting ready to sell it I have discovered many things that my Step Father took of mom's that were meant for me. He even took one of the chairs of an antique dining room set that my dad had bought for my mom. My problem is he has moved to Oregon, do I have any legal recourse against him? Would I have to go to Oregon if I do?
It shocked me to find out all the things he took out of this house that my parents had bought when the house was 1st bought 40 yrs ago!
Anything you might be able to help me with would be appreciated!
Thank You!
  #2  
Old 09-17-2003, 10:33 AM
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Join Date: Apr 2002
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Did she leave a will stating who she wanted the contents of the home left to? Without anything in writing, it is going to be your word against his. Let it go--as a surviving spouse he is entitled to receive something from the life they shared together. Was she divorced from this second husband or not?
  #3  
Old 09-17-2003, 08:26 PM
DonnaDee
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My mom specifically stated in her trust that he was disinherited and not not to recieve anything! She had also made out a bill of sale to me in her trust for the entire contents of the house. My step father did not contribute one dime to the house or the furnishings she left me. They were bought before they were married. The furnishings were purchased by my real dad and mom,
  #4  
Old 09-18-2003, 07:48 AM
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Join Date: May 2003
Posts: 2,607
If you have a valid bill of sale for the items then you can sue him for the value or you can report them as stolen to the police department.

If you sue you will have to do this in Oregon.

I would suggest starting by having an attorney write him a letter demanding immediate return of the items.
  #5  
Old 09-20-2003, 09:27 PM
DonnaDee
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Can anyone explain to me if everything he took happened in Ca. and then he moved to Oregon why must I have to go to Oregon to file a lawsuit?
  #6  
Old 09-20-2003, 10:17 PM
coosi
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Can anyone explain to me if everything he took happened in Ca. and then he moved to Oregon why must I have to go to Oregon to file a lawsuit?

Because that's where he is. If you get a judgement against him in Ca it's only good if he comes back there. OR is the only jurisdiction with the ability to enforce the judgement...

So, why don't you try what lwpat said. File a police report. If you have an attorney working on the estate, he would probably write a suitable letter for a reasonable fee. Enclose a copy of the police report. You never know. That might be enough...

Last edited by coosi; 09-20-2003 at 10:19 PM.
  #7  
Old 09-20-2003, 10:39 PM
DonnaDee
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Living Trust


Well he doesn't scare so easily! He took my mom's good silver that we've had in the family for years! Lawyer wrote him a letter along with a copy of the trust that disinherits him and along with the bill of sale my mom had made out to me when she had trust made. Never even gave us a reply!
  #8  
Old 09-20-2003, 10:40 PM
DonnaDee
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Living Trust


Can I file the police report here in California?
Forgot to ask in last message!
  #9  
Old 09-20-2003, 10:41 PM
coosi
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Maybe that's why he went to Oregon:

File the police report locally. Do you know anyone in Oregon (you know, for a little "vacation")!
  #10  
Old 09-21-2003, 12:08 AM
DonnaDee
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Living Trust


His daughter lives in Oregon that is why he moved there! I guess what upsets me the most is that before he left I caught trying to take something that is a one of a kind momento that belonged to my real dad! I got it back after practically threatening him bodily harm but I then called his daughter and told her what he tried to do. She promised me {because she loved my mom so much} that whenever I find anything missing she would see that I got it back!
The 1st thing was the good silver, I called her and she promised she would find it and send it back to me! After waiting 2 1/2 wks I called back and she was having her hubby intercept calls!
  #11  
Old 09-21-2003, 12:14 AM
coosi
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Here's a link to small claims in OR (under $5000) if you know what county he's in

[url]http://cobrands.public.findlaw.com/metros.html?state=or[/url]
  #12  
Old 09-21-2003, 12:20 AM
DonnaDee
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Living Trust


Thank You, I will look into it!
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