Vallejo, CA asked in Estate Planning and Banking for California

Q: How do I become beneficiary over my deceased dad's estate cause my mother was the bene but she died unexpectedly no wil

I've taken over his asbestos trust since my mother passed but the attorney didn't have the affidavit notarized stating that I have been made beneficiary over the trust. Now a bank has closed my acct since March 2021and refuse to release the funds back to the other bank who sent my father a CPI PAYMENT for repossessing his car in 09 and I had 3rd partied the check into my checking account. The other bank was willing to reissue another check to me but in the estate name of my father payable to me. But because chase has it saying the check was cashed when I only deposited the check wells Fargo won't reissue another one. I showed chase the affidavit showing I'm the beneficiary over his asbestos trust but they still won't give me the funds or release back to wells Fargo. How can they just hold the funds and make me receive them from them & I notified the originator to receive fresh start from wells Fargo. How can they say funds R cashed when they Automatically sent acct to fraud dept

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1 Lawyer Answer
Julie King
Julie King
  • Estate Planning Lawyer
  • Monterey, CA
  • Licensed in California

A: You may be using the wrong legal terms and, if so, it's OK, but it just makes it harder for a lawyer to know what you're asking. A "beneficiary" is a person who benefits by receiving assets from someone else's trust. In other words, a beneficiary inherits assets as a result of being named in a trust. I believe you may be trying to be in control of the assets in your father's trust. The person who controls assets in a trust is called a "Trustee". All that having been said, a lawyer would have to read the terms of your father's trust to see who is named as Trustee, as well as how and under what circumstances a Trustee can be removed and/or nominated to succeed (come after) another Trustee. Take the trust to a lawyer in your area for assistance.

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