How do I claim unfunded trust assets? 5 Answers as of December 04, 2015

My mom updated her trust less than thirty days before she passed away. The trustees (not direct family member) were named as controlling everything but many of the assets were never in the trusts name. How do the beneficiary's (children) claim the unfunded assets that were never part of the trust but the trustee has claimed?

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Law Ofices of Edwin K. Niles | Edwin K. Niles
You may be able to file a Heggstad petition. Please see an experienced trust atty.
Answer Applies to: California
Replied: 12/4/2015
Stephen Mancini
Stephen Mancini | Stephen Mancini
Assets not owned by the trust following a death usually pass in accordance with the will, which often says, everything goes to the trust. If the assets in the name of decedent are valued (as of date of death) less than the gross, fair market value of $150,000.00, they can be directed to the trust without Court involvement by use of a Declaration (Probate Code 13101). If such assets are valued at more than $150,000.00 they must either be probated to get them to the trust, or if the facts permit, by use of a petition with the Court requesting the assets be part of the trust.
Answer Applies to: California
Replied: 12/4/2015
Law Offices of Charles R. Perry
Law Offices of Charles R. Perry | Charles R. Perry
Most people execute a will at the same time as a trust. That will often says that all of their property goes into the trust at the time of their passing. If this is what your mother in fact did, a petition by the children is likely going to be unsuccessful. I suggest you meet with an attorney that handles estate and trust matters, to see what can be done. That attorney will want to review your mother's trust and related will.
Answer Applies to: California
Replied: 12/4/2015
Law Offices of George H. Shers | George H. Shers
If title to the items were not put into the trust name then they are not part of the trust and would have to be distributed in probate [if all siblings can agree to the division and it does not involve real property which needs title transferred, you can side step probate as their is no one to complain but get everyone to agree in writing and take pictures to reduce the likelihood of future disputes.
Answer Applies to: California
Replied: 12/4/2015
Law Office Of Victor Waid
Law Office Of Victor Waid | Victor Waid
Obtain trust/probate litigation attorney to represent you in recovery of assets.
Answer Applies to: California
Replied: 12/4/2015
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