Legal Question in Wills and Trusts in California

had a copy of will when I was a child. Now 40 years later I cannot find. Requested a copy of the will from trustee and he said NO! Got irritated that I asked. Had an attorney write letter requesting a copy of will. Trustee called lawyer and told him how things were supposedly set up. I know for a fact they are not. He lied! Refused to give copy of will and accounting of trust. I know I am entitled to these! Don't believe what they are saying how trust set up! Just need to know what forms I need to fill out to request superior court clerk so I can get copy of will.


Asked on 4/23/15, 7:06 pm

1 Answer from Attorneys
Len Tillem Tillem McNichol & Brown

There's no simple form you can use to petition the court to compel the trustee to provide you with a copy of the trust agreement, the will, and also an accounting. (Keep in mind that if you are going to court, you may as well ask for everything, not just a copy of the will). Unless you are willing to spend a great deal of time educating yourself, you are better off having your attorney file this petition.

Check with the court - if the person who made the will is deceased, then the will should have been filed with the court and should be found in the court records.

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Answered on 4/24/15, 10:20 am


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