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If I'm disinherited, would I still receive notification from the trustee announcing my mother's death?

Berkeley, CA |

I received a letter from my dad's attorney which states "To the beneficiaries of the above-referenced Trust and to each heir of [mother's name]." This arrived five weeks after my mother had died. Six months after that, I was verbally advised I was disinherited and that BOTH my mother and father disinherited me. I don't dispute being disinherited (my father and I are bitterly estranged). What I am disputing is if I was disinherited before or after my mom's death. Hence my question: if I was disinherited before my mom's death, would I still receive this notification letter weeks after she died? I would think that had I been disinherited at that time, I would not be notified of anything because I'm not inheriting anything. Does receiving this letter mean my mom didn't disinherit me?

Is he required even if I was disinherited? His attorney's letter stated I could get a copy of the trust but didn't proactively send me a copy. My parents both reside in California. I am hesitant to contact my father's attorney to demand a copy because he will likely notify my father that I made a request. For personal reasons, I don't want my father to know of anything I do for personal reasons. Just trying to determine if this communication could lead me to infer that the disinheritance was executed AFTER my mom's death.

Attorney Answers 3


  1. They were/are required to provide you a complete copy of the trust. Did they send you a copy? Demand a copy in writing under 16061.5. I'm assuming your mom lived in california

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  2. Assuming that your mother lived in California, you would still receive the notice even if you were disinherited prior to your mother's death. As Mr. Shultz indicated, you are entitled to request a copy of the terms of the Trust. If the Trustee did not provide a copy at the time the notification was sent, then request a copy. All beneficiaries and all heirs - whether or not they are a beneficiary (an heir is someone who would inherit if the decedent did not have an estate plan and as a child of your parents you are an heir of each of your parents) are entitled to the notification.

    Please obtain a copy of the trust and if you have any questions about what it says then contact an attorney.

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  3. Yep, you're an interested party as an heir, so you'd get notice even if you weren't a beneficiary. You should determine whether there was a pour-over will associated with the trust. If there wasn't, then there might be assets in the estate that aren't in the trust, and you could be entitled to your intestate share of those.