- 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.
-
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.
-