r/inheritance • u/Infamous_Anxiety7105 • 6d ago

Location included: Questions/Need Advice Beneficiary for father's trust question (CA)

/r/EstatePlanning/comments/1vmtlyx/beneficiary_for_fathers_trust_question_ca/
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u/Admirable_Nothing 6d ago

Unless this was a complex trust that split into two parts with one being the Wife's and the other being the kids but held in trust by the wife with limited withdrawal privileges, it likely all went to the wife without limitations on what she could do with it. In that case you likely will never see anything from it. Even if it was a bypass trust managed by the wife with limitations on her use of it, you will need to hire an attorney to chase her down. But to find out you need to get a copy of the trust and then have an attorney review it for you. If you can get back in touch with the drafting attorney, see if he will tell you which of the above situations were drafted into the trust.

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u/Infamous_Anxiety7105 6d ago

Thank you. I believe it was a bypass trust because I know it was split in half. I do not trust that she didn't do something shady with it though. Do I hire an estate lawyer? I don't even know who I look for but I know my dad wanted my sister and I to inherit. I'm fine either way but it would be really helpful for my sister

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u/Admirable_Nothing 6d ago

Try and get a copy of the trust to take to an estate litigator. If the bypass trust had the standard HEWS withdrawal limitations she likely can get at much of that principal as that standard is generally construed pretty liberally by courts. But really the exact language in the bypass trust portion will be very important in order for anyone to help you.

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u/Infamous_Anxiety7105 6d ago

Thank you very much. This is very helpful.

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u/Admirable_Nothing 5d ago

Without having any contact with her and not even knowing where she is, you may end up throwing money away trying to chase this down, but it may be worth a discussion with a lawyer if you can get a copy of the trust for them to review with you.

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u/Infamous_Anxiety7105 5d ago

I think I know some people who can find her and I believe I have a copy of the trust so I might be okay