Legal Question in Wills and Trusts in California
My brother will not give me a copy of my parent's Living Trust (or Will). I am going to call the County Court House in Riverside CA to see if it was ever filed there. If not, what are my options? I was named along with my brother as a beneficiary. I think he definitely owes me more money than what I received. He claims it takes too long to make a copy. I think he is hiding something from me. My daugter and son were also supposed be receiving monies from what my mother told them when she sat them down one day. $25,000 each. My brother refuses to discuss it with them and will not give them a copy either.
1 Answer from Attorneys
You are entitled to a copy of your parent's trust as both a presumed beneficiary and as an heir of your parents. If your children are named as beneficiaries in the trust, they are also entitled to a copy of the trust. The trustee is required to provide a complete copy to you within 60 days of the date of your last parent and the trustee is liable for your attorney fees if you have to file a petition to compel him to provide you with a copy. He is also required to provide you with an accounting of the administration of the trust and that is due either one year from the date of your last parent's death or 60 days after you demand an accounting. There are several code sections that can be cited in a letter to your brother that I recommend you send. Whoever is in possession of a decedent's will must lodge it with the court in the county where the decedent resided at the time of their death.
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