Results 1 to 2 of 2
  1. #1

    Default Rights of an Heir Omitted from a Trust

    CALIFORNIA
    -------------

    my nephew was omitted from the trust by clerical error we beleive as my mother loved the kid and we all thought she would include him.

    we asked the trustee to include him as he agreed the grantor intended for him to be included.

    the trustee asked for all listed beneficiries to make a letter requesting that all agreed.

    one was made and given to his atty of representation.

    trustee said atty did not like the wording so advised him not to accept it.

    for some reason we all thought that was the end of it. that if the atty rejected the request the kid was out.

    now i read the trustee duties and i wonder if he was supposed to inform the court?

    If the trustee knew the grantor intended for the kid to be included and believed he wasnt due to clerical error, was he supposed to inform the court even if none of us asked him too?and if true,

    shouldnt the atty have known that was the proper method, and informed the trustee?

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Omitted from Trust

    If your nephew believes he has a valid case to be included in the trust, he can consult a probate lawyer about bringing a lawsuit to have the trust reformed to include him.

    Trusts aren't administered through a court, so I have no idea why you think the trustee would have some sort of duty to inform a court - what court? - of your nephew's belief that he should have been included. Perhaps you can better explain what you mean.

    1. Sponsored Links
       

Similar Threads

  1. Will Contests: Can an Omitted Heir Challenge a Will
    By lawfacts in forum Estate Planning, Administration and Probate
    Replies: 1
    Last Post: 11-04-2016, 03:06 PM
  2. Heirs and Beneficiaries: Can an Executor Set Up an Irrevocable Trust for a Financially Incompetent Heir
    By mark_rrrrr in forum Estate Planning, Administration and Probate
    Replies: 1
    Last Post: 11-01-2015, 11:37 AM
  3. Rights of Omitted Spouse to Claim Separate Property After a Short-Term Marriage
    By Grenzo in forum Estate Planning, Administration and Probate
    Replies: 1
    Last Post: 07-26-2011, 09:05 AM
  4. Rights Of An Heir
    By spiderbite in forum Estate Planning, Administration and Probate
    Replies: 2
    Last Post: 07-05-2007, 11:30 AM
  5. When can an heir request to see a trust or will?
    By GoBears in forum Estate Planning, Administration and Probate
    Replies: 12
    Last Post: 07-08-2006, 08:48 AM
 
 
Sponsored Links

Legal Help, Information and Resources