Legal Question in Wills and Trusts in California

Re: i need help with my fathers living trust

If you are in probate then assets are in the name of your father, not his trust. If the will states that these assets are given to Trustee of a Trust created before he died to be administered according to its terms, you will have to find a copy of the trust document that can be proved up in court to be valid. Trusts are not recorded or filed. They are private documents. Basically they are contracts.

Re: i need help with my fathers living trust

file a citation to summons her to appear in court with the trust. you might also try asking the probate judge to order her to deliver a copy of the trust to you.

Re: i need help with my fathers living trust

Mr. Roth is entirely correct. If all of his assets are in a trust which was created by a document other than the Will, then there is no probate as everything goes through the trust which is run by the trustee named by the trust.

Re: i need help with my fathers living trust

If he had a trust you should not be in Probate...someone made a terrible mistake. However, if there was only a Will, then it DOES require Probate.

If there has been a Probate opened, the Court should have a copy. As a child of the deceased, you are entitled to receive a copy of it, as well as any other Court filing. Make sure you are on the Service List.

Please feel free to contact our office for assistance at the number provided by LawGuru or through our firm's informative website, located at No-Probate.com.

Yours Truly,

Scott