Legal Question in Wills and Trusts in California

getting a copy of my fathers trust

My father had a trust set up for me and my childres 1 month before his death. My father and I decided to make my former best friend the Trustee (to help me). When the Trust was set-up I was given a copy,however I did not keep it and asked my former friend to hold it.

Long story short I have no copy, and she has refused to answer any of my calls/letters or attorney letter requesting a copy. I can not afford another $500 for an attorney to write 1 letter(asking for accounting and trust copy), so my question is: How Do I Get or Request a Copy?

She has stollen all my fathers money and co-mingled the funds in her name/ss# . This is a generation skipping Trust and I do not remember who if any is a successor Trustee, as I need to get her removed.

Please advise me on what forms or steps I need to take, as I tried the attorney route and he thouroughly ripped me off.


Asked on 12/07/04, 11:37 am

1 Answer from Attorneys
Donald Field Donald L. Field, Jr., Attorney at Law

Re: getting a copy of my fathers trust

If you have requested a copy from the trustee and the trustee does not comply, your only recourse is to file a petition with the superior court. There is no standard form for such a petition and petitions of this type are usually drafted by attorneys. Your local county law library will likely have sample petition forms contained in treatises and practice manuals on probate and trust administration. Although you may not be able to check out a book from the library, usually there are photocopy machines which you can use (for a fee).

Another possibility is to contact the local county bar association lawyer referral service to see if there are any attorneys available to assist on a pro bono basis.

SEE ALSO:

http://www.leginfo.ca.gov/cgi-bin/displaycode?section=prob&group=16001-17000&file=16060-16064

http://www.leginfo.ca.gov/cgi-bin/displaycode?section=prob&group=16001-17000&file=16420-16421

http://www.leginfo.ca.gov/cgi-bin/displaycode?section=prob&group=16001-17000&file=16440-16442

http://www.leginfo.ca.gov/cgi-bin/displaycode?section=prob&group=17001-18000&file=17200-17211

http://www.leginfo.ca.gov/cgi-bin/displaycode?section=prob&group=00001-01000&file=850-859

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Answered on 12/07/04, 4:45 pm


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