Legal Question in Wills and Trusts in California
is an executor also a custodian
I am the named Executor on the Living Trust for my parents. My Father has since passed away and the Trust is now in the possession of my Mother. It was my Fathers wish as stated on the Trust that one of my sisters be left out of any inhieratence. My Mother refuses to give me a copy of the Trust. My question is as the named executor on said Trust am I also the legal custodian and should I be provided the Trust itself or at minimun a certified copy.
3 Answers from Attorneys
Re: is an executor also a custodian
as an appointed trustee of a trust, you are deemed the legal title holder of the property/monies therein, but only for the equitable benefit of the named beneficiaries. thus, not only do you have fiduciary duties to oversee the trust property at issue, you are legally entitled to hold and/or readily view the trust document itself, absent any applicable limitations per se. therefore, no one can unilaterally decide that you cannot act as trustee, effectuating the intent of the trustor(s), nor can they deny you control or access of the trust document itself. if you would like further assistance and prompt remedy of this situation, contact us today.
Re: is an executor also a custodian
First of all, you would be a successor trustee of the trust, not an executor. The term executor refers to a will.
Second, you may be the trustee only after both your parents have passed away.
Finally, when one person dies, a portion of the trust becomes irrevocable, and you are entitled to a copy of the trust. If she fails to provide a copy to you, you can petition the court to do so or have her removed if she is the successor trustee.
Re: is an executor also a custodian
I presume that your mother is now sole trustee and you may be next in line. Yes you are entitled to a copy. E-mail ne directly at e-address below.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
