Legal Question in Wills and Trusts in California
How can beneficiaries obtain a copy of a Living Trust?
My sister & brother were named co-trustees of my parents living trust several years ago (my mother passed on 6 years ago, my father 4 years). They have not been forthcoming at all & ignored our requests for accounting records, estate paperwork etc. My brother & I would like to get a copy of the final trust papers (we were never given or even shown these at the time of my fathers passing). I contacted my parents lawyer (who is also my sisters lawyer) & was told that he couldn't give me copies, I would have to get them from one of the executors. I live in Iowa, the trust was filed in California & my two siblings also live there. There was a substantial amount of money/properties etc left to the four of us. What can I do, to obtain a copy of the living trust?
3 Answers from Attorneys
Re: How can beneficiaries obtain a copy of a Living Trust?
you should request a copy of the trust and an accounting since inception of the trust in writing. if you do not receive a response you will need to retain an attorney in the county where the trust is administered (the residence of the trustees) to file a petition with the court for an accounting.
Re: How can beneficiaries obtain a copy of a Living Trust?
You have to hire an attorney to represent you here. If I were representing you and your brother I would check the court records and property records to see what could be learned and make a demand to the co-trustees for an accounting citing the applicable California laws. If it were not forthcoming, or if I suspected that it was not honest or accurate, I would counsel suing for an accounting so that the power of the court were available to get to the bottom of the facts.
Re: How can beneficiaries obtain a copy of a Living Trust?
You are entitled to a copy. Why hasn't it been distributed already? You may have bigger problems than you think. Send certified requests to each co-trustee demanding a copy of the trust. Give them 10 days. If you don't receive it, retain an attorney for assistance.
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