Karen Louise Gleason-Huss's Answers

How can I find out what the assets in my mother's are?

Under CA Probate Code section 16061.5, a trustee must give a true and correct copy of the terms of a trust to all named beneficiaries and all heirs of a deceased settlor who requests it. Under CA Probate Code section 16061.7, a trustee is required to serve notice on the same set of beneficiaries and heirs within 60 days of the event triggering the notice requirement (most likely, the death of your mother), giving notice of their right to request that copy. Although the notice appears to be...

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How can I make my dad show us where all of our money from both my mothers and grandmothers estates is?

You should seek the assistance of a qualified estate administration attorney as soon as possible. As beneficiary, you may petition the court to compel your father to provide information about the trust and/or compel your father to account for the trust assets and his administration of the trust estate under CA Probate Code section 17200(b)(7)(A) and (B). You must first request the information or accounting that you want in writing and give your father 60 days in which to respond. Under...

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Is there any legal remedy for trustee who refuses to submit documents for final distribution after two and one half years?

You should consult a qualified estate administration attorney in Illinois, because the remedies and requirements to seek them are governed by state law. You mentioned a trust and a probate. Typically, assets held in trust are not subject to probate administration. In other words, there may be two procedures going on at the same time and the trust administration may not be subject to court jurisdiction at this time. Again, check Illinois requirements -- there may be something similar,...

Is it legal for a notary to notorize a will if their name is in the will??

California notaries are prohibited from notarizing documents in which they are named or in which they have a direct financial interest. One reason for this rule is to prevent potential undue influence when there are conflict of interest issues. I do not know about South Carolina law, but I suspect the rules are similar. The facts that you recite may affect the validity of the Will, so please check with a qualified estate attorney in South Carolina.

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In CALIF will signing a waiver of accounting of a family trust at distribution prevent me from filing a breach of trust petition

The trustee cannot "ransom" a distribution for signature on a receipt or a waiver of accounting. You should consult a qualified trust (litigation) attorney in the CA county where the trust is being administered immediately. You may bring a variety of actions, including but not limited to removal of trustee, breach of fiduciary duties and compelling an accounting, under CA Probate Code section 17200, but there are certain requirements and time limits for doing so.

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Intra family adoption and intestate death of parent that gave child up for adoption. What is legal relationship?

Your daughter should seek the assistance of an attorney qualified in estate administration in the state in which your ex-spouse was domiciled as soon as possible. In general, "adopted out" children are no longer considered children of the deceased parent, but the actual status will depend upon state law and, possibly, the relationship between the child and the natural father. The adopted out child in your facts became a "sister" to your ex-spouse when his parents adopted her. Whether she...

What information are we entitled to as beneficiaries of a trust. Are we entitled to know if spouse not in the trust is contestg

With sympathy for your loss, the bad news is that the trustee's attorney is correct to decline to talk to non-clients, especially if there is any contention. Depending on the circumstances and the language of the trust itself, an action involving the internal administration of a trust is not the same as a contest of the provisions of the trust instrument itself. In other words, you may be able to challenge how the trustee is performing -- without violating the no-contest clause, while not...