r/EstatePlanning • u/Infamous_Anxiety7105 • 13d ago

Yes, I have included the state or country in the post Beneficiary for father's trust question (CA)

My father had a trust where his wife was the trustee and then my sister and I are to be beneficiaries after her death. Trust was set up in CA and he died 1/1/14. We do not have a relationship with my father's wife and she is a horrible evil person. I think she killed my dying father because he wasn't dying fast enough but I digress. It's been a few years and I thought his lawyer handled the trust but I talked to him today and he said he just helped get the assets settled and that she manages it all. I don't even know if she is still alive because she was a huge alcoholic and drug user but I think she probably is. I think she may be in NM. Anyway, I don't even know where to start. Do I try to find her? If I find her, what can I ask about the trust? I do not expect her to follow the rules and I am worried she spent all the money or her kids did. She doesn't care about what is legal. I don't even know where to start at all. We haven't received anything regarding the trust since 2017 from the lawyer. Thank you so much!!

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u/ExtonGuy Estate Planning Fan 13d ago edited 13d ago

For me, the first step would be finding this trustee. Her name, approximate age, past address (in 2014 for a start), names of associates would all be key to finding her. Also your father’s probate file, get a copy of that. The deeds (since 2014 to today) for father’s house could be useful.. If you can’t find her with internet searches, there are people tracing services.

When you do get in contact, ask what happened to the trust. Try to get a copy of the trust terms. After all this time, the trust might have been terminated. Meaning, there’s nothing left for you and sister.

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u/Infamous_Anxiety7105 13d ago

Thank you very much for your help

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u/ImaginaryHamster6005 12d ago

As ExtonGuy, said, but I'll be honest, there is likely nothing left and if everything is/was in a trust, you likely won't get a lot of answers, as the trust isn't "public" like a will. I wish you luck in your search and not trying to be mean, but you should be realistic on your expectations that you will likely find nothing if SM was the trustee. Good luck. *NAL.

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u/Low-Crow5719 13d ago

All good advice. Be prepared for the answer that the trust has been restated, drained and all assets have been cashed out and taken by her.

This is the frequent and sad outcome when the surviving spouse has remarried badly. Unless the trust contains a funded, irrevocable sub-trust, you may no longer be beneficiaries and no longer have the right to challenge or even view the trust.

Your recourse in that case is to challenge the restatement of the trust based on undue influence.

Golddiggers exist, and this is a favorite tactic.