He passed in January. I'm posting on behalf of his only bio daughter. His step daughter is executor and beneficiary on his bank account, no issue there. There are two more step kids and two other bio kids, as well as four grandkids named in the trust. One younger grandkid isn't named but they didn't exist at the time.
He made 2 discoverable handwritten updates on grocery list-type notepads and crossed a bunch of stuff out on a print out of the original trust. These notes excluded one of the bio sons and favored 2 grandkids. Executor says that's all there is.
Not a lot in the way of assets (house had a reverse mortgage that maaay be covered in a sale with minor profit). Bio daughter isn't looking to argue anything including his handwritten wishes, but some of the [estranged] siblings may want to. The trust basically says sell everything and they split it evenly.
Executor has had to be handheld into passing on any information. They won't consult a probate attorney as it's "really simple" since it's a trust. We doubt they've provided anything to the estranged siblings.
Bio daughter wants to know if an attorney is needed, mainly because Exec seems to be potentially withholding documentation (there was definitely post-death spending) and attempting to move assets (car, computers, heirlooms) according to the handwritten notes without having engaged with all of the other heirs.
This is California. Is there a way for the bio daughter to obtain the last legally documented trust? Does the Executor have any regulation if they don't consult an attorney to cover all bases? I've only had experience with probate when there was no will and one heir, so looking for a bit of direction for the bio daughter. Have recommended an attorney consult.
Thank you.
original posted by expespuella to r/personalfinance on Thu, 29 Feb 2024 03:29:18 GMT.