wills and living trusts

[dutchwane]

I posted a question a few days ago concerning my Great Uncle's estate. I think my question did not clearly state the facts. I along with my siblings received notification from the estate's lawyer advising us as well as some other relatives, including my Great Uncle's brother, that although we were all heirs, we were not beneficiaries. The only two beneficiaries are my two uncles, my mothers' brothers. My mother is deceased, therefore not named as a beneficiary. No one disputes she would have been named equally with her brothers if she were alive. The memorandum we received explains that as heirs, we are entitled to see the living trust and will and a list of assets and other court documents. It also explains the time line for contesting. We don't understand why we received this notification if we have no rights in this matter or whether we should seek an attorney's advice. It has always been my understanding there is no contesting a living trust. We understand we have been named as heirs because of our mother. Do we have reason to believe we have any rights in this situation? As it stands, because of our two uncles' age and ill health, the bulk of this great uncle's estate will almost certainly be inherited by our cousins, we consider ourselves equal in our position of relationship to this great uncle but because our mother is deceased and not named as a beneficiary, does that mean we cannot or should not even think of contesting this will? We are extremely confused as to what the information we received actually means. I forgot to say what state I am in Oregon, however the estate is being probated in Calif.

[Edited by dutchwane on 01-04-2001 at 11:06 PM]

 

[ALawyer]

I thought I answerd this earlier.

First seek the advice of a CA lawyer and do not rely solely on the potentially self-serving statements of the lawyer for the estate posibly selected by your cousins.

At least have some real professional read the documents on your behalf; it will be worth the few hundred dollars for peace of mind.

The reason the lawyer are contacting you is because you are heirs at law, and without a Will or Living Trust would share 1/3rd of the estate.

As for contesting it, people can contest a Living Trust, just as they can contest a Will, but it is rarely successful. However if your uncle had Alzheimers and the cousins got him to sign it, it is worthless. It is worthwile to have a professional to at least read the documents. The professional may also suggest that you could get something.