Legal Question in Wills and Trusts in California

Disclosure of trust terms

I was named in a friend's trust to receive some money.

Is there any way I can know what the correct amount is without having to rely on the deceased's relative, who may not want me to receive the full amount ?


Asked on 1/29/02, 2:48 pm

2 Answers from Attorneys

Robert Miller Robert L. Miller & Associates, A Law Corporation

Re: Disclosure of trust terms

Thanks for your posting.

You can ask the trustee for a copy of the trust, and also for copies of bank account statements or anything else that might give you the value of the trust.

The trustee has a duty to be honest and not take advantage of their position as a trustee in dealing with beneficiaries like yourself.

If you can't get anywhere requesting proof, you can file a lawsuit forcing a full accounting. Whether or not that's worth it depends on the money at issue and how you feel about proceeding with litigation in this matter.

Best of luck to you, and please email if you have other questions.

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Answered on 1/29/02, 3:02 pm
Chris Johnson Christopher B. Johnson, Attorney at Law

Re: Disclosure of trust terms

Under the California Probate Code, the trustee owes you a copy of the trust (at your request), as well as information (as it relates to your interest) about the administration of the trust, which would include the value of your gift and the trust assets. If the trustee will not give you this information after you've requested it, in writing, then you may need an attorney to get involved.

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Answered on 1/29/02, 7:30 pm


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