Legal Question in Wills and Trusts in California
How can I get a copy of a living trust of my deceased mother ?
Is there a statute of limitations on wills/living trust for filing dispute up on death of the person who had the trust made on their behalf and trustee/power of attorney holder of this trust that has not given me a copy of the full trust ?
The question is - My brother has my mother's will/trust and did not send me a full copy of this trust after my mother's death. I not only want this copy but want all that my mother left me. How do I go about getting this without it costing a lot of money? My mother died March 05, 2006. Will the statute of limitation run out March 05, 2007 ?
3 Answers from Attorneys
Re: How can I get a copy of a living trust of my deceased mother ?
you should retain an attorney in california in the county in which your mother lived.
see: PROBATE CODE SECTION 16060 through 16064 at:
http://www.leginfo.ca.gov/cgi-bin/calawquery?codesection=prob&codebody=&hits=20
Re: How can I get a copy of a living trust of my deceased mother ?
Wills and trusts are different kinds of legal documents. If your brother filed the will to open administration in probate court, you can request copies of the filing after it gets filed. If it is a trust you would like to see, this is a contract matter. Contract dispute deadlines are six years out from the time of the dispute. For practical purposes, you need to know the trust contents now. If your brother doesn't offer this information to you after you have asked for it in writing, you should contact an attorney to do it for you.
Re: How can I get a copy of a living trust of my deceased mother ?
If you are a beneficiary then you are entitled to a copy and may petition the court in the county that you mom died for it. For assistance, call me directly at 1.619.222.3504 or e-mail me at the address below.
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