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My children are beneficiaries of their fathers will, their…

My children are beneficiaries...

My children are beneficiaries of their fathers will, their step mother is trustee, can she change the beneficiary or can she spend their share of what was left them

Lawyer's Assistant: What state are you in? It matters because laws vary by location.

California

Lawyer's Assistant: Has anything been filed or reported?

My children received a notification of death of trustor CA. probate code 16061.5, just saying they were beneficiaries, they could receovefrom the trustee acomplete copy of the terms, how do they do that

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

It also said theycould not bring action to contest the trust more tham 120 days from notification or 60 days from when the copy of the terms is mailed, not understanding any of it.

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Answered in 2 hours by:
3/9/2018
Jessica B
Category: Estate Law
Satisfied Customers: 1,804
Experience: Attorney at Donald B. Linsky & Associates, PA
Verified

Hello. My name is ***** ***** I am a licensed estate attorney. I hope I may be of assistance with your question. Please remember to rate my service at the end of this session. Thank you.

First, your children need to send a certified letter to the trustee, and the trustee's attorney, specifically requesting a copy of the Will and a copy of the Trust. By law, as beneficiaries they are entitled to this information. Next, they will want to request an Inventory of the estate and an accounting of the Trust.

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The trustee cannot change the beneficiary designations and she cannot spend their share of the assets in the trust.

Jessica B
Category: Estate Law
Satisfied Customers: 1,804
Experience: Attorney at Donald B. Linsky & Associates, PA
Verified
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