San Jose, CA asked in Legal Malpractice, Social Security and Estate Planning for California

Q: Pa set up a Trust inheritance; decide’ $1153.00 @mo. SSDI was worth more than $150-200,000.00 payout the 3 other’s got

1 Lawyer Answer
James L. Arrasmith
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  • Estate Planning Lawyer
  • Sacramento, CA
  • Licensed in California

A: Under California law, the terms of a trust are generally determined by the grantor, the person who establishes the trust. In your case, it seems that your father set up a trust to provide you with a monthly income rather than a lump sum payout, which is a common arrangement in estate planning.

The difference in the distribution of assets between you and the other beneficiaries might be due to a variety of reasons. It could be based on the grantor's wishes, specific needs of each beneficiary, or other factors considered relevant by the grantor.

If you believe that the trust was not set up or administered according to your father’s intentions or California law, you may have grounds to contest it. However, challenging a trust can be a complex process and typically requires a thorough review of the trust documents and circumstances surrounding its creation and administration.

You may want to consult with an attorney who has experience in trust and estate law. They can help you understand your rights and options, review the trust documents, and provide guidance on whether you have a viable case to seek a different outcome. Remember, time is often a factor in these matters, so it’s advisable to seek legal advice as soon as possible.

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