San Diego, CA asked in Probate for California

Q: Probate: I’m divorced and 17yr son is inheriting money from grandmother’s will (ex husband’s mom). What are my rights?

Do I have equal say on how the money is held, spent? Is my ex husband required to include me in decisions regarding our our son’s inheritance. I do believe the money will be put in trust as our son is a minor. I have not been provided with a copy of the Will? Living Trust? (Not sure which.) Do not know the amount of my son’s inheritance.

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2 Lawyer Answers
James R. Dickinson
James R. Dickinson
Answered
  • San Bernardino, CA
  • Licensed in California

A: More information is needed. Speak with a local attorney. [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.]

Howard E. Kane
PREMIUM
Howard E. Kane
Answered
  • Probate Lawyer
  • Oakland, CA
  • Licensed in California

A: I agree that the money will most likely be held in trust for your son until he reaches at least 18, perhaps longer depending on the terms of the Will and/or Trust. When your son reaches 18, there is most likely no oversight that you or anyone else will be able to provide unless the Will and/or Trust allows you to provide oversight. If you disagree with how the money is being used, you can certainly raise this with the trustee and see what they say. As a last resort, you may be able to ask the probate court for assistance if the money is somehow being used to your son's detriment.

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