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What legal action could I take?

Started by Sauce, April 17, 2012, 02:05:09 PM

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Robert Scott

As an attorney ..... I agree you should have a copy of the will since you are beneficiary ... and talking to an attorney as a proactive measure....however, all that being said and done ... nothing might happen .. and don't stress too much until something does happen
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Epi

Quote from: Robert Scott on April 18, 2012, 01:24:47 AM
As an attorney ..... I agree you should have a copy of the will since you are beneficiary ... and talking to an attorney as a proactive measure....however, all that being said and done ... nothing might happen .. and don't stress too much until something does happen

I'm so swamped at work that my brain is turning into Swiss cheese and bits of information are getting through the holes, which is why until now I didn't immediately go "why the heck didn't he receive a copy of the will when the estate was settled or of the trust?!?!?" (So long as it was irrevocable.) Regardless, his grandmother as a trustee was required by law to send him written notice under California Probate Code Section 16061.7(a) telling him he is a beneficiary.  His grandmother can't keep him in the dark and has a duty to keep him reasonably informed about the administration of the trust.

In fact, 16061 does specifically state: "Except as provided in Section 16069, on reasonable request by a beneficiary, the trustee shall report to the beneficiary by providing requested information to the beneficiary relating to the administration of the trust relevant to the beneficiary's interest."  This would also include the terms of the trust.

Sadly, the OP's grandmother may not take them seriously without an attorney and with no contest clauses being the norm it's not something he should tread lightly into without a good estate attorney.
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Sauce

To everyone who responded, thank you so much for taking the time to write your responses. They were extremely helpful and I'm happy to say that I told my grandmother about my transition yesterday after arriving to her house 9 months on T. Surprisingly, she was accepting despite her harsh judgements due to her being a devoted Christian (not trying to insult Christians, I am one myself.) I am so relieved that I don't have to take drastic measures against a family member and once again, thank you very much for ALL of the responses.


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