Legal Question in Wills and Trusts in California

My deceased father's wife moved away and has now died

My father passed away in 1993. My stepmother was named executor of his Living Trust. She never had any more contact with my brother or myself and moved to another part of California to be near her daugther. I just found out that she has passed away. My brother nor myself only heard (never saw) that the terms in the living trust were that when she passed away the money would be split between my brother, myself and my stepsister. My questions are:

1. How can I find a copy of his living trust?

2. Could my stepmother change the terms of his living trust after he died?


Asked on 1/24/02, 6:27 pm

3 Answers from Attorneys

WILLIAM BRANDWEIN WILLIAM A. BRANDWEIN, A PROFESSIONAL LAW CORP.

Re: My deceased father's wife moved away and has now died

You had a right to see the trust and to an accounting when your father died if you were remainder beneficiaries in the trust. You should consult an attorney to investigate and if necessary to file an action in the nature of a constructive trust against the children.

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Answered on 1/24/02, 7:06 pm
Scott K. Zimmerman Law Office of Scott K. Zimmerman

Re: My deceased father's wife moved away and has now died

You should be able to get a copy of the trust from the heirs, or from the atty that wrote it....

In addition, the portion of the trust that deals with you and your kin cannot (usually) be changed after your father's death.......... BUT you must move on this matter as quickly as possible, or someone may change the status of the assets without believing that anyone will find out about it...........

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Answered on 1/24/02, 8:46 pm
Chris Johnson Christopher B. Johnson, Attorney at Law

Re: My deceased father's wife moved away and has now died

You are entitled to a copy of the trust when it becomes irrevocable--this probably happened at your father's death in 1993. If the trust became irrevocable, then your stepmother could not change the terms after his death. However, some trusts do not become irrevocable until after the surviving spouse's death, and others leave a "power of appointment" which allows some limited changes to the trust. I would request a copy of the trust from your stepsister--it should be among your stepmother's things. If she is uncooperative, she may need a letter from an attorney.

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Answered on 1/28/02, 4:52 pm


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