Turlock, CA asked in Estate Planning for California

Q: what can I do about relative cosigner having removed late wife remaining bank funds during trust confirmation ?

My late wife and I made a living trust for marriage, listing our bank accounts & beneficiaries (kids)(6). After she died, my new attorney gave Notification by Trustee to all beneficiaries - full copy of trust included & notified of pending trust confirmation with Superior Court if they wanted to challenge trust. Petition for trust assets ownership was then filed by my attorney, has court date & case number.

While trust is "pending confirmation with the superior court", her daughter as cosigner with help from her attorney, removed all remaining bank funds at 40 days after death without notice (probate code #13100) Weeks later, the Superior Court confirmed our trust and assets belong to trust - not cosigner. Since then, my attorney died 9 months later.

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1 Lawyer Answer
James R. Dickinson
James R. Dickinson
Answered
  • San Bernardino, CA
  • Licensed in California

A: Sounds problematic. Speak with a local attorney handling trust/probate litigation. Good luck. [I litigate cases. Anything posted here must not be construed as legal advice, nor as grounds for forming an attorney-client relationship. You should seek an attorney for formal legal advice and representation.]

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