Need some help

[ceres]

Jurisdiction

California

Hello again,

I am hoping that I can relay this without being overly complicated:

- My uncle a veteran who has passed had a trust completed by a paralegal before his passing leaving his estate to my father considering he cared for him.
- My uncle was influenced about having this trust created by a case worker from the Veterans hospital who had suggested it would be in the best interest to protect his estate.
- My uncle did not list any of his children as heirs/beneficiaries; they were estranged for 30+ years instead, he listed me and his grandchild as next in line should my father pass of which he did so recently.

- My uncles daughter decided to challenge this trust and has opened a lawsuit to reclaim the estate while my father was alive despite her not being listed in the trust
- My dad then during 2021 had a court hearing and had agreed to give his niece half of proceeds of his brothers estate (not sure I'm wording this correctly) but she refused and wanted it all.
- When the trust was created there was a certain caveat that the paralegal screwed up on by not listing the details of the property Properly which thus lead (to probate?)
- long story short now to make things even more interesting is that my father had a reverse mortgage on his estate but has since passed as originally mentioned
- both my brother and I are listed heirs to my dads estate
- we recently received a notice from my cousin's (uncles daughter) lawyer that she is still wanting to recoup her dads estate but now seems to be coming after my dads estate since she was made aware of my dads passing.

- Because of the pending lawsuit that was never resolved regarding my uncles estate, my cousin is now trying to come after my fathers estate
- The inquiry i received from her lawyers asked whether i was the one assuming responsibility for the lawsuit; in other words if I'm the one who would be representing my dad in this lawsuit
- her lawyer also asked whether my dad had a trust in place for His estate (which he did; both my brother and I are listed)
- considering the trust for my dads estate was in place prior to his passing, i believe this would avoid probate but correct if im wrong.

Lastly, my other main concern is whether my cousin could place a lien against my fathers estate as my spouse and I are trying to get a loan to payoff the reverse mortgage and keep the house.

Also, seeing that I was listed as next in line of my uncles estate, can she try suing me despite me not having any interest in it?

Again, Im trying my best to consolidate my inherited mixed bag of problems. Thank you

Sincerely,

Desperately needing help.

-

 

[army judge]

My uncle a veteran who has passed had a trust completed by a paralegal before his passing leaving his estate to my father considering he cared for him.

A CA licensed attorney explains who can create a trust in CA:

What are the legal requirements to create a trust in California? | Los Angeles Estate Planning Lawyers

I suggest you seek the wise counsel of a CA LICENSED trust attorney in order for you to receive the authentic answers you deserve and seek!

You should never seek the advice of strangers relative to important legal matters.

 

[adjusterjack]

both my brother and I are listed heirs to my dads estate

Then you and your brother need to hire a lawyer.

Not a DIY project.

And not something that strangers on the internet can help you with.

 

[zddoodah]

My uncle a veteran who has passed had a trust completed by a paralegal before his passing leaving his estate to my father considering he cared for him.

Just to be clear, while the term "trust estate" is sometimes used, a trust can only be used to convey assets that are actually owned by the trust. A will is typically used to convey one's estate, and often, a person will create a will (often called a "pour over will") to convey all of one's estate to a trust. Did your uncle have a will in addition to the trust? If so, what did it say?

By the way, it's illegal for a paralegal to do what you described except under the supervision of an attorney.

My uncle . . . listed me and his grandchild as next in line should my father pass of which he did so recently.

Listed you in the trust, right? And listed you "as next in line" to receive the assets owned by the trust, right? When did your father die relative to your uncle? What assets are owned by the trust? Who is the trustee of the trust?

long story short now to make things even more interesting is that my father had a reverse mortgage on his estate but has since passed as originally mentioned

You mean a reverse mortgage on real property he owned, right? There's no such thing as a mortgage (reverse or otherwise) on an estate.

we recently received a notice from my cousin's (uncles daughter) lawyer that she is still wanting to recoup her dads estate but now seems to be coming after my dads estate

Because of the pending lawsuit that was never resolved regarding my uncles estate, my cousin is now trying to come after my fathers estate

What do "seems to be coming after" and "trying to come after" mean?

considering the trust for my dads estate was in place prior to his passing, i believe this would avoid probate but correct if im wrong.

That is typically the intent. Whether it actually will is obviously impossible for anyone who hasn't read the relevant paperwork to discern.

Desperately needing help.

There's nothing that anonymous strangers on the internet can do to help you (beyond answering basic questions, but you didn't ask any questions). You clearly need to retain the services of a local attorney.