Estate Law

Estate Law Questions? Ask an Estate Lawyer.

Ask a Lawyer,
Get an Answer ASAP!

Estate Law
This answer was rated:

My father left a trust when he passed recently in California.

It was left to four...
My father left a trust when he passed recently in California. It was left to four of his seven children. One bank refuses to release his funds saying they think it should go to all children , even though he disinherited the others. Is this legal?
Show More
Show Less
Ask Your Own Estate Law Question
Answered in 1 minute by:
6/18/2013
Ely
Ely, Counselor at Law
Category: Estate Law
Satisfied Customers: 102,932
Experience: Fully licensed attorney in Texas in private practice.
Verified
Hello friend. My name is XXXXX XXXXX welcome to JustAnswer. Please note: (1) this is general information only, not legal advice, and, (2) there may be a slight delay between your follow ups and my replies.

I am very sorry for your loss, and your situation.

Can you please tell me:

1) Are the accounts in this bank INCLUDED in the trust, or are they separate and outside of the trust?
2) Did he pass recently?
3) Was probate executed once he passed?

This is not an answer, but an Information Request. I need this information to answer your question. Please reply, so I can answer your question. Thank you in advance.
Ask Your Own Estate Law Question
Customer reply replied 4 years ago
I don't see any accounts listed individually, just " my assets and property" . No probate to my knowledge. He passed in April
Thank you for your reply, friend. It sounds like he left a WILL.

A Will is directions on how to distribute the assets.

A TRUST holds assets in the trust's power and they are slowly, over time, distributed to others.

Are you sure you do not mean he left a WILL, otherwise known as a Last Will and Testament?
Ask Your Own Estate Law Question
Customer reply replied 4 years ago
He had a will in 2012, but changed it to a trust in March of 2013 with a Trustee outside the family.
Thank you and my apologies for the wait.

One bank refuses to release his funds saying they think it should go to all children , even though he disinherited the others. Is this legal?

No, it is not. The bank cannot make a decision as to how to handle the accounts of the deceased if they are under a TRUST. What the trustee must do then is to take control of the accounts and distribute them per the trust's intentions as written into the trust instrument (i.e. the document that created the trust).

If the trustee refuses to do this, then any interested party (i.e. any beneficiary of the trust) may file in Court do this themselves. They may ask that the Trustee do what is intended, or if the Trustee proves unable/unwilling to act, then to have them removed and someone else appointed who can carry out the intentions of the trust as necessary. California Probate Code Section 15642.

An attorney is recommended. May I recommend the CA Bar referral program - here. The attorneys are vetted and qualified. You should be able to find an attorney you are confident with and whom you can trust, and who is available ASAP.

I hope this helps and clarifies. Best of luck.

Gentle Reminder: Please use the REPLY button to keep chatting, or RATE my answer when we are finished. Kindly rate my answer as one of the top three faces and then submit, as this is how I get credit for my time with you. Rating my answer the bottom two faces does not give me credit and reflects poorly on me, even if my answer is correct. I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith. (You may always ask follow ups at no charge after rating.)
Ely
Ely, Counselor at Law
Category: Estate Law
Satisfied Customers: 102,932
Experience: Fully licensed attorney in Texas in private practice.
Verified
Ely and 87 other Estate Law Specialists are ready to help you
Ask your own question now
Ask Ely Your Own Question
Ely
Ely
Ely, Counselor at Law
Category: Estate Law
Satisfied Customers: 102,932
102,932 Satisfied Customers
Experience: Fully licensed attorney in Texas in private practice.

Ely is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

My husband has been driving me insane with questions regarding estate issues since his mother died. I'm not a lawyer! Thanks to JustAnswer, I was able to calm his concerns.

Loretta TIllinois

Thanks Adam!! - A very direct and understandable response - you have been a great help!

Happy CustomerEllicott City, MD

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

< Previous | Next >

Meet the Experts:

Thomas McJD

Thomas McJD

Attorney

3,170 satisfied customers

Wills, Trusts, Probate & other Estate Matters

Barrister

Barrister

Attorney

5,488 satisfied customers

17 yrs estate law, real estate. Wills/Trusts/Probate

RayAnswers

RayAnswers

Attorney

5,126 satisfied customers

Texas lawyer for 30 years in Estate law

Infolawyer

Infolawyer

Attorney

5,032 satisfied customers

Licensed attorney helping individuals and businesses.

Ely

Ely

Counselor at Law

102,932 satisfied customers

Fully licensed attorney in Texas in private practice.

RobertJDFL

RobertJDFL

Attorney

1,454 satisfied customers

Experienced in multiple areas of the law.

ScottyMacEsq

ScottyMacEsq

Attorney

1,167 satisfied customers

Licensed Texas General Practice Attorney

< Previous | Next >

Related Estate Law Questions
Have a complicated probate issue with my fathers property
Have a complicated probate issue with my fathers property his wife still at the house but he left us the house and we're going through probate can we charge her rent. … read more
Roy Hadavi
Roy Hadavi
Attorney
Juris Doctorate
1,002 satisfied customers
You previously answered several questions regarding probate
Richard, you previously answered several questions regarding probate for my FIL's estate. I now have a copy of his current will. I also have a copy of an amendment to my FIL's trust. I do not have a c… read more
TaxAttorneytoHelp
TaxAttorneytoHelp
Owner
Doctoral Degree
2,542 satisfied customers
Will ancillary probate be necessary? My father died in the
Will ancillary probate be necessary? My father died in the state of florida 3 years ago. He was a resident of florida and all assets at the time of death were located in florida. While he was alive hi… read more
LawGuy
LawGuy
Juris Doctor
123 satisfied customers
Is it necessary to probate a will when the only beneficiary
Is it necessary to probate a will when the only beneficiary is the spouse of the deceased? … read more
RayAnswers
RayAnswers
Attorney
Doctoral Degree
5,126 satisfied customers
By hiring a cpa to handle the probate, does that protect my
by hiring a cpa to handle the probate, does that protect my ssi? Again this is a probate matter. Thank you… read more
LegalGems
LegalGems
Juris Doctorate
10,718 satisfied customers
In ga when a simple probate is filed (no will) and you owe
in ga when a simple probate is filed (no will) and you owe irs will that affect the probate … read more
Barrister
Barrister
Attorney
Doctoral Degree
5,488 satisfied customers
Mississippi Probate - My Wife is listed on her Grandmothers
Mississippi Probate - My Wife is listed on her Grandmothers Death Certificate, There is no will. Would she be Next of Kin? There is a small Property involved.… read more
Roger
Roger
Litigation Attorney
Doctoral Degree
26,871 satisfied customers
My grandfathers will was probated in Texas. I was the
Hello, my grandfathers will was probated in Texas. I was the executor of his will and my cousin and I were the beneficiaries. I had a lawyer in Texas and one in Arkansas. My cousin and I signed Quick … read more
Barrister
Barrister
Attorney
Doctoral Degree
5,488 satisfied customers
Can an executor of a will close the probate without the
Can an executor of a will close the probate without the other family members who are mentioned in the will checking it first? Thanks, Cathy … read more
LegalGems
LegalGems
Juris Doctorate
10,718 satisfied customers
When considering the value of an estate in probate, is the
When considering the value of an estate in probate, is the value of the non-probate inventory added?… read more
originallawyer
originallawyer
Attorney at Law
Doctoral Degree
905 satisfied customers
I had probated a will that I am administrator for and the
I had probated a will that I am administrator for and the deceased spent the last 5 yrs getting Medicaid and nursing home fees. They want $104,000 for a piece of land that might ge worth 20,000. What … read more
Barrister
Barrister
Attorney
Doctoral Degree
5,488 satisfied customers
I have a trust and/or probate question. If a grantor places
I have a trust and/or probate question. If a grantor places all his real property in trust except for one, does the property left ouit of the trust have to be probated upon the grantor's deat? … read more
Barrister
Barrister
Attorney
Doctoral Degree
5,488 satisfied customers
My husband passed away last year and a probate case was
Hello! My husband passed away last year and a probate case was opened because he died without a will in place. An attorney started the probate filing for me but we went our separate ways and I finishe… read more
LawGuy
LawGuy
Juris Doctor
123 satisfied customers
On a petition to probate a will if addresses and counties
On a petition to probate a will if addresses and counties are incorrect is that Anything to look into?… read more
Barrister
Barrister
Attorney
Doctoral Degree
5,488 satisfied customers
Second opinion] In Michigan Probate Court, Michigan probate,
For my mothers estate I received the form notifying me that my brother was requesting to be the personal representative. The file number box was blank. When I went to the probate office to challenge this -within the 14 days- the clerk told me there was no file opened under my mother's name so I thought the forms sent to me were premature. But 2weeks later I bet the papers signed by the judge assigning my brother as PR. Is that correct process under the law? … read more
Irwin Law
Irwin Law
Juris Doctor JD
7,089 satisfied customers
In Michigan Probate Court, Michigan probate, For my mothers
For my mothers estate I received the form notifying me that my brother was requesting to be the personal representative. The file number box was blank. When I went to the probate office to challenge this -within the 14 days- the clerk told me there was no file opened under my mother's name so I thought the forms sent to me were premature. But 2weeks later I bet the papers signed by the judge assigning my brother as PR. Is that correct process under the law? … read more
Phillips Esq.
Phillips Esq.
Attorney
Juris Doctor
18,377 satisfied customers
I went to the probate hearing last Thursday and the
I went to the probate hearing last Thursday and the commissioner told me to get me a lawyer because my sister told them that she didn't document everything and that she had 3 pages of item that she ga… read more
Attyadvisor
Attyadvisor
Doctoral Degree
7,164 satisfied customers
If an on going Probate hearing in Los Angeles Probate Court
If an on going Probate hearing in Los Angeles Probate Court are going on and there's a contest of the Last Will is pending to be heard by the court, and during this time a Family Trust document is fou… read more
Michael Bradley
Michael Bradley
JD
1,193 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x