Legal Question in Wills and Trusts in California
Can I get a copy of Trust
We were told we were named in a Trust made in the state of California. Executor of Trust is in another state (not Mississippi). When we called he said he could not talk about it. Person who owned trust died the first of March 2002. We know nothing. Executor said, he is not getting cooperation from California lawyer. Do we have a right to see paperwork. What is timeline for settling trust?
3 Answers from Attorneys
Re: Can I get a copy of Trust
Write the attorney a certified letter, return receipt requested, requesting a copy of the trust document. If that doesn't work, ask a local attorney to contact the attorney. Lastly, you can sue the Trustee for an accounting in California State Court or a U.S. District Court somewhere and obtain a copy through a subpoena or court order. Mississippi might also be a sufficient venue to accomplish your purpose.
Re: Can I get a copy of Trust
By California Law, if you are a named beneficiary, you are entitled to a copy of the trust.
Re: Can I get a copy of Trust
If you are named as a beneficiary in a trust you have the right to see a copy of the trust so that you know what you are entitled to receive as a beneficiary.
There is no real time line for settling a trust, unless the trust document specifies otherwise. Most trusts can go on indefinitly.
If you do not think that you are being treated fairly you can always file an action in the state court for a full accounting of the trust. This would require the trustee of the trust to make a full discloure and report to the court and it would allow you to receive copies of the accounting.
I would be happy to discuss this with you further. Good Luck. Hollie Lemkin
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