We have recently found document, thought to have been lost in home fire some yrs. previously-- a handwritten letter from my husband's father, stating (documenting) that he was giving cash ($9000) to oldest child & equal or more value of their deceased mother's jewelry to the middle child, and that he would "square things" in some like manner with his son (youngest child-my husband) at a later time. (historically his parents always gifted like amt. to ea. child at time of marriage & if one needed $ assistance for something -other 2 rec'd like amt also) .
About 2 yrs. later -& before he had a chance to gift like amount as promised to his son-- he was killed in a boating accident. Leaving his estate to HIS NATURAL CHILDREN'S step-mother, "w/ investments that would provide her an income so as to maintain reasonable living expenses for her, with any balance remaining upon her death to be split equally among his 3 natural children". The step-mother was also named as the executor of his estate, if she becomes deceased. or incapable, or invalidated as executor, the 3 children are co-executors.
**Would the (hand-written)statement of father intentions of 'providing like amt. of $ to the son at a later time' be considered a "debt" that should have been pd. from the estate? {The step-mother was aware of these gifts and the promise to the son, but we thought we had no proof or documentation of the promise, & step-mother did not acknowlwdge same.)
**Or even If it -should -have been considered a debt of the estate ,& paid as such.... & even tho' we -NOW -have doucment acknowledging same in his handwritting, would it be a mute point, as the time limit requirements for claiming any debt of the estate have long since expired thus voiding any claim ?
more background info & additional related questions>>(info might or might not be needed for additional questions- & at any rate questions may be too involved for a response?)>
The same letter from the father also mentioned the est. $$ amt. of money their mother inheirited upon the death of her parents, and that their was a Palmer Family Trust set up by the mother (& father) after she rec'd the inheiritance & by or before the time she knew she had terminal cancer --the mother had told the children about the trust & some of the terms of it although none of them ever rec'd a copy of it prior to her death or since.
The father made the $9000cash gift gesture to the oldest daughter to appease her, when she persisted in her inquiries (5 or 6 yrs after the mother's death, but having attained the age the mother had advised was designated as earliest allowable for her to receive any of the proceeds of the trust), of their father for copies of the trust documents and for some distribution of monies the mother had advised them verbally was provided for them in the trust, but he would not provide her any of the documents requested, stating that it was a private matter between their mother and him.
Although after their father remarried, many efforts were made by the children to establish a good or at least congenial realtionship w/the step-mother, all efforts continually failed & eventually she was able to persuade their father to move farther away from the children & was able to alienate him from his childrento a considerable degree . The father's older sister lived here where 2 of the 3 children lived & maintained a very close relationship with us, and with her brother (their father) .
After the boating accident,The step mother had their father cremated according to his request--BUT before the children were even advised of the accident (the children later found out that when asked by the undertaker if he could notify the children, prior to the cremation, of the event --the step mother advised the undertaker at the morgue NOT to notify the children. Saying that there "was bad blood between them". Which was NOT at all true.) and she subsequently (still before notifying any of his children of his death) sold or put up for sale some of the higher ticket items such as vehicles, RV(no outstanding loans-on any vehilces or camper -in addition to RV) , the home (that had no mortgage-their original home also had no mortagage --having been pd. off prior to their mother's death--was sold & those funds were used to purchase the Mendicino home as pd. in full. The step mother was not on the deed of the original home (or might have been added to it only shortly before it was sold, but certainly never made any monetary contributions on that property-since none were needed -which was several yrs. after they married. ) and the 2 0r 3 boats and related fresh water and salt water fishing gear/equipment..
(one boat -although undocumented was a joint purchase of father & son- but father retained possesion since he lived close to lake, and being retired was able to use if for fishing frequently.Though he would often come alone to visit son & bring boat for their fishing together. )
Finally, 2 weeks- after -the boating accident--The step-mother's daughter wrote-- & mailed -regular mail--a letter to each of the children advising them of the ACCIDENT & their father's death , stating the step mother had been "too disraught" to contact them to let them know of the accident. (even tho' all 3 of his children had phone #'s known to her &/or were listed in phone book.)
When the children rec'd the letters My Husband & one sister (also lives here, other sister lived much father away & had small child at home was unable to make the trip) drove the 8 hrs up to their home, --after the step mother had agreed in a phone conversation to meet with them, because there were some small items of sentimental value only of their mother's that the father still had they were interested in inquiring about, as well as to see if she was ok or needed my husband's help in fixing anything around the house, the vehicles or the boats (he is mechanic by trade)-- but once they arrived there she would not answer the phone or the door, they stayed & tried for a week to meet w/her but were unable to make contact.
Subsequently the children tried to track down the original trust documents their mother had referenced, only to find after a long, difficult search, that the lawyer that had drawn up the papers, was no longer in business (possibly was required to close his business ?-my memory on that may be off), & when they eventually found person who had taken over that attny.'s historical records & she checked in storage for the document they were seeking, she found only that it had been referenced as being "logged out" with no copy retained. She advised that the father was the only one who would have been authorized to obtain the documents and provided the date for the retrival, that date was shortly before his $9000 gifts to the 2 daughters.
Since the father's trust allows for "reasonable withdrawals" and provides for any balance to be remitted to his natural children, it appears that California code does allow them to request an annual accounting of the trust expenditures (the children have a concern that she will withdraw more than a reasonable amt. & gift it over to her daughters who were not mentioned as recipients in any fashion in his trust.). The step mother moved to an unknown location after the sale of the house, and has made no contact with anyone in her dec. husband's family.
**Question is as to validity of CA code interpretation for their entitlement to an accounting of the trust expenditures, if so, can it be requested only for current year, or can request include past years as well?
**What format must the request be made in & to whom? (ie. is it so specific & rigid that one must obtains attny's services in order to make the request? {Attny. servicces ,especially for probate specialost, in Monterey County CA, at last inquiry, would run $300 to #500 or more/hr, or an estimated $10,000 to $40,000 in fees ( with the amount of the original estate, or ,what amt., if any, possibly remaining being totally unknown)
**And can the request be made by any -one -of the children, or must all of the children together be the documented requestors?
**Also,What could be the exception applied , if any, to the father's trust/will such that a listing of all of his assets was not required to be a part of the trust/will documentation? (as there was none w/ any of the documents the children rec'd from attorney handling father's trust
**How can his children be assured that they would receive notification of the death of the step-mother, when/if that occurs (since her whereabouts are unknown)?
**And if they do receive notification, or discover she has deceased (although it is unknown if her death were reported on SSDI what last name the report for her would be in), so how they would find out I'm not sure) But if she deceases and they are awware of same, must they intiate inquires related to any $ that might be remaining from father's estate and to whom via what format?? (the step mother entered into the marriage with my father in law without any property ownership & very minimal, if any,assets of her own. Also we remember dad saying that the step mother intentionally failed to notify SSA of her marriage to him so that she could continue to collect SSA $ from the benefits as widow of her former husband. We don't know if he ever insured that "oversight" was rectified and repaid or not, if that was accurate)
additional info can be (likely) provided , or clarified, or copy of response can be securely emailed to me (although -fyi- email is not always checked daily- )
Thank you, ever so much, in advance for any answers, or advice you might be able to provide, and for just reading this !
{Apparently, some soap operas actually are our lives :) }
Kindest regards,
Belle
