Legal Question in Wills and Trusts in California
My 85 year mother that has dementia and is currently living had set up a trust several years ago naming my brother and I as a 50 - 50 split to her property, (so I've been told by my mother). My brother came by her house two years ago a took the trust with him. I have never laid eyes on this trust and he refuses to give me a copy. My mother does not remember the attorney's name that did the trust. How can I get a copy from the state?
1 Answer from Attorneys
The state doesn't have a copy of the trust instrument. One of the advantages of trusts is that they can be private, and do not involve court proceedings unless there is a lawsuit over the trust or the conduct of the trustee.
If you are a named beneficiary, the trustee is supposed to give you a copy of the trust when it becomes irrevocable, which would be upon your mother's death. Do you know who is the named current trustee?
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