Legal Question in Wills and Trusts in California
copies of the trust
Five Days before my Father died, he asked me to get a copy of his Trust from the executor--my oldest sister. I requested one-- but she did not respond. It is now 2 weeks since my Father's passing and still not having the copy of the trust-- I phoned the attorney-- whom in turn informed me that the executor will NOT release a copy of the trust. The executor is now talking about holding an estate sale and that any family member who would like anything that was my Father's-- must NOW buy that item at the estate sale. This just does not seem right-- nor does the with-holding of the copies of the trust. It is my understanding(as my Father shared this info with me) that his estate was to be split 6 ways between his six children. Do I have a legal right to have a copy of the Trust--especially since I am in the Trust?
2 Answers from Attorneys
Re: copies of the trust
If this is in California, the trustee needs to send you notice regarding the trust, including your right to a copy of the trust and the time limits for contesting the trust. You can also make an immediate demand under Probate Code section 16061 for information regarding the trust terms, and its assets and liabilities.
Re: copies of the trust
If you are a beneficiary you are entitled and required to have a copy of the trust. You may need a judge to view the trust to determine whether or not you are. Call me directly at (619) 222-3504.
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