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-   -   I have been informed that I am a beneficiary of a Separate Property Trust. WTF? (http://forums.pelicanparts.com/off-topic-discussions/1094386-i-have-been-informed-i-am-beneficiary-separate-property-trust-wtf.html)

Joe Bob 05-26-2021 12:42 PM

I have been informed that I am a beneficiary of a Separate Property Trust. WTF?
 
My Dadz passed in March of this year. My wicked step mother, and two of my siblings are not exactly bosom buddies. I got a letter from WSM's mouth piece, CPA, Esq.

The letter is asking me to sign of waiver of conflict/contention. If I don't, it delays disbursement of funds.

1) What funds? I haven't seen a copy of the Trust docs
2) Do I get a free Yugo?
3) He DID disinherit one of my twins. But don't care. She's evil and dyed her hair red.
4) Upon death of Dadz, the trust is irrevocable.
5) My research and experience leads me to believe that this individual is peeing on my boots.
6) There was an annuity disbursement to the three siblings. I was shorted by 20%. I guess I peedoff Dadz.
6) I spoke with the letter writer and it was like talking to a Voice Mail.

This is a Trust filed in California.

So if there any Pelicans with experience with CA Probate Law. Please contact me.

3rd_gear_Ted 05-26-2021 01:05 PM

By law, as a beneficiary of a trust, you are entitled to a copy of the trust. The executor of the trust is whom to contact.
Realize though that the executor is now in charge of the trust assets (if any are left)
Its their call now, you can sue, but the trust has to pay legal fees for the executor.

Joe Bob 05-26-2021 01:13 PM

That's another issue. The executor is not named.

SCadaddle 05-26-2021 01:40 PM

I'm no lawyer, but my experience in family dealings in Mississippi with a trust goes like this: There would be a Will. The Will would have an executor/executrix. The Will would also name the Trust and the Trustee. That's it. That's the document that gets filed initially with the probate court. And now some Mississippi speak for ya Joe Bob: If you aint a beneficiary to the Trust you aint gettin' no information about the Trust.

Joe Bob 05-26-2021 01:42 PM

I is....I don't like signing away rights to stuff I don't know about.....

matthewb0051 05-26-2021 01:52 PM

Just saw this recently with relative.

Mother died leaving everything to husband/father of the kids. Some of the property was placed in a trust under terms of her will for husband with kids as beneficiaries after the old man departs us.

In order to go through probate, your exact situation had to be accomplished. Attorney for executor contacted the kids informing them of their interest. But he actually gave them the trust and will documents

The claim was that is was more expedient than presenting the conundrum to the probate judge and waste hours on attorney fees only to get to the same place eventually.

It sounds like you are a beneficiary but not until someone else expires. The problem for you if you give up rights now then if WSM doesn't put you in her will, this asset will not pass to you.

Just my thoughts and without seeing the docs please don't take this as legal advice. You really should get the documents and have a competent estate attorney to look at them.

Steve Carlton 05-26-2021 01:52 PM

You got a 1949 Buick!

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