Losing a loved one is difficult. In addition to going through the grieving process, you must worry about the proper distribution of the loved one’s estate. It is not always clear, however, who is to receive a part of that distribution.
If upon the death of a loved one you believe you are a beneficiary of a will or trust, there are steps you can take to find out.
Wills
When someone dies, the estate attorney or estate executor should provide all beneficiaries a copy of the will. The same is true for all direct descendants, even if they are not named as a beneficiary. If you did not receive a copy but you think you should have, you may be able to obtain a copy of the will through the probate court in the county where the deceased person resided. You can also request a copy from the executor, estate attorney, or any other person who you think is likely to have a copy.
Trusts
Trusts can be set up in different ways. Living trusts are executed while the individual is alive and testamentary trusts are a part of an individual’s will. They are often established to avoid a probate of the estate. Beneficiaries are entitled to a copy of the trust once their right is no longer “contingent,” which usually means that the maker of the trust has passed away. The same is true for persons who are direct descendants of the deceased, even if they are not named as a beneficiary of the trust. Unlike wills, however, there is no requirement that a trust document with the probate court. If you did not receive a copy of the trust but believe one exists, you may have to do more research to identify the successor trustee or lawyer for the person who created the trust, in order to obtain a copy.
If you are entitled to a copy of the will or trust, but the people in charge of the estate refuse to give you a copy, then you have a right to go to Court and demand that a copy be provided to you. Also keep in mind that many people pass away without having created a will or trust. These people have thus died “intestate.” The State of California has a set of laws that determine who receives a share of the assets of any person that died intestate.
We have extensive experience in helping our clients find out if they are named in a will or trust, and to obtain a copy of the documents they are entitled to receive. We also have extensive experience in interpreting these documents, to determine if our clients are entitled to receive anything from the estate. Whatever your situation may be, please feel free to contact us to see if we can assist you.