California - Father just died - significant estate

[talerco]

Jurisdiction

California

Not estranged but not close.
I'm one of 4 kids by 2 mothers. Father was married at time of death to another woman for 30 years. He 96 / she 60.
As an heir - do I have any 'rights'?
A couple properties I know of are in a trust.
He owns a medium size business - a California stock corporation. He is listed as only contact.
If I am not mentioned in the trust will this all be settled without me knowing anything?
Thanks!

 

[adjusterjack]

Start with the premise that, after being married to his wife for 30 years, they probably owned everything jointly with right of survivorship.

If that's the case, then you and your siblings are not "heirs" to anything and have no "rights" to anything.

Trusts and survivorship don't require probate so there might not be any records of the estate in probate court but you would certainly be wise to look for it. If there is no probate then, yes, the estate could be settled without you or anybody else knowing anything or getting anything.

 

[talerco]

Start with the premise that, after being married to his wife for 30 years, they probably owned everything jointly with right of survivorship.

If that's the case, then you and your siblings are not "heirs" to anything and have no "rights" to anything.

Trusts and survivorship don't require probate so there might not be any records of the estate in probate court but you would certainly be wise to look for it. If there is no probate then, yes, the estate could be settled without you or anybody else knowing anything or getting anything.

Thanks for the information. Pretty much what I thought. I suppose I'll hear or not in the next few weeks. And I will check for probate case. As of now - there is one rich widow in LA.

 

[Red Kayak]

Thanks for the information. Pretty much what I thought. I suppose I'll hear or not in the next few weeks. And I will check for probate case. As of now - there is one rich widow in LA.

It will likely take more than weeks.

 

[adjusterjack]

As of now - there is one rich widow in LA.

Which may be exactly how your father wanted it.

 

[army judge]

As of now - there is one rich widow in LA.

LA is filled with a plethora of wealthy, pretty, handsome, happy widows and widowers.

LA has dozens, if not 100s of wealthy widows and widowers.

 

[talerco]

Which may be exactly how your father wanted it.

Yes. Could use some $ but no bitterness here whatever comes - or doesn't.

 

[zddoodah]

I'm one of 4 kids by 2 mothers. Father was married at time of death to another woman for 30 years.

Is his widow one of the two who had kids with him? Or was she wife #3?

Did he have a will? If so, what does it say? If you don't know the answer, then you need to reach out to whomever is likely to have the will.

As an heir - do I have any 'rights'?

So...this may seem like an odd question...why do you think you're an heir? In case it's not obvious from the question, your status as a child of your father does not automatically make you an heir.

A couple properties I know of are in a trust.

OK...who is the trustee? Who is/are the beneficiary(ies)? If you don't know the answer, then you need to reach out to whomever is likely to have a copy of the trust or is likely to be the trustee.

He owns a medium size business - a California stock corporation. He is listed as only contact.

I'm not sure what the highlighted sentence means. Listed where? What does "listed as . . . contact" mean?

If I am not mentioned in the trust will this all be settled without me knowing anything?

Possibly.

Start with the premise that, after being married to his wife for 30 years, they probably owned everything jointly with right of survivorship.

I would agree with this if we weren't talking about a second or third wife.

 

[talerco]

Is his widow one of the two who had kids with him? Or was she wife #3?
She is not the mother of anyone. Wife number 3 or 4 - not sure.

So...this may seem like an odd question...why do you think you're an heir? In case it's not obvious from the question, your status as a child of your father does not automatically make you an heir.
I thought I was an heir - even if I wasn't a beneficiary.

Don't know about a will.
I don't know about a will but he has lawyers, accountants and investment advisors so I would think his wished are to be carried out - somehow…
I know there is a trust. You say reach out…. Am I entitled to see if I have no part in it?

For his company the Secretary of State lists him as the only contact. That is all I know about the structure of the business.

The 2 properties I am aware of are owned by a trust named for him only (I assume that means nothing) not by them as JTROS.

 

[zddoodah]

So...this may seem like an odd question...why do you think you're an heir? In case it's not obvious from the question, your status as a child of your father does not automatically make you an heir.
I thought I was an heir - even if I wasn't a beneficiary.

Whether you're an heir depends on whether your father had a will and, if he did, whether he left you anything in the will. You could be an heir and not a beneficiary. You could be a beneficiary and not an heir. You could be both.

I know there is a trust. You say reach out…. Am I entitled to see if I have no part in it?

No.

For his company the Secretary of State lists him as the only contact. That is all I know about the structure of the business.

The California Secretary of State doesn't list "contacts." It lists a corporation or LLC's agent for service of process. If you click the "View History" button, you can review semi-annual statements of information, the articles of incorporation, and some other documents. Being an agent for service doesn't mean anything in terms of ownership. The statements of information provide information about officers, but there is no publicly available ownership information.


This sounds like a man who had a fairly comprehensive estate plan. If you're a child of wife #1 and he had 3-4 total wives and the two of you weren't close, I'd say there's a decent chance he left you nothing, but finding out what the trust and any will say is the only way you'll know for sure.

 

[talerco]

Whether you're an heir depends on whether your father had a will and, if he did, whether he left you anything in the will. You could be an heir and not a beneficiary. You could be a beneficiary and not an heir. You could be both.




No.




The California Secretary of State doesn't list "contacts." It lists a corporation or LLC's agent for service of process. If you click the "View History" button, you can review semi-annual statements of information, the articles of incorporation, and some other documents. Being an agent for service doesn't mean anything in terms of ownership. The statements of information provide information about officers, but there is no publicly available ownership information.


This sounds like a man who had a fairly comprehensive estate plan. If you're a child of wife #1 and he had 3-4 total wives and the two of you weren't close, I'd say there's a decent chance he left you nothing, but finding out what the trust and any will say is the only way you'll know for sure.

From what I have read on several sites it seems to me I am an heir. But what I call myself is really not relevant to my questions. I'm a biological offspring.

You are right about the Secretary of State. He is listed as 'agent'. He is also shown as the only officer or director of the corporation.

Yes, I assume he has a comprehensive estate plan and a good chance he left me nothing. I also agree the only way to find out is to see the will and/or trust document(s).

So my question remains - If my only known status is biological son, do I have a right to see the will and/or trust? If so, how do you suggest I go about asking?

 

[adjusterjack]

do I have a right to see the will and/or trust?

Not really. Unless you want to litigate, the widow doesn't have to show or tell you anything.

With regard to the will, if and when probate is opened with the court, the will is filed and becomes public record and you can see the file any time.

A trust, OTOH, is a private contract between the maker of the trust and the trustee. Trust laws generally allow a beneficiary of a trust to obtain details about that beneficiary's inheritance. If you aren't a beneficiary of the trust then you likely don't have a right to any information about the trust.

As to how you go about asking, just pick up the phone and ask.

If the widow won't tell you anything, your option is to open probate yourself, under intestacy, and ask to be appointed representative of the estate. If the court appoints you, you can get court orders that would compel the widow to reveal details of the trust and produce the will as it would likely be to her advantage rather than potentially sharing the estate under intestacy.

 

[talerco]

Not really. Unless you want to litigate, the widow doesn't have to show or tell you anything.

With regard to the will, if and when probate is opened with the court, the will is filed and becomes public record and you can see the file any time.

A trust, OTOH, is a private contract between the maker of the trust and the trustee. Trust laws generally allow a beneficiary of a trust to obtain details about that beneficiary's inheritance. If you aren't a beneficiary of the trust then you likely don't have a right to any information about the trust.

As to how you go about asking, just pick up the phone and ask.

If the widow won't tell you anything, your option is to open probate yourself, under intestacy, and ask to be appointed representative of the estate. If the court appoints you, you can get court orders that would compel the widow to reveal details of the trust and produce the will as it would likely be to her advantage rather than potentially sharing the estate under intestacy.

Thank you!

 

[zddoodah]

If my only known status is biological son, do I have a right to see the will and/or trust?

No.

If so, how do you suggest I go about asking?

Asking whom? You don't need a "right" to ask something. We don't know anything about your relationship with your father's widow or any other person who might have your father's estate planning documents. That being said, the way that I usually ask people for things is by picking up the phone or sending an email and saying something to the effect of: "Hi Bob...Would you mind sending me a copy of my dad's will and trust? Thanks."

 

[adjusterjack]

The widow's name is Bob?

 

[Zigner]

The widow's name is Bob?

Very progressive...