Legal Question in Wills and Trusts in California

Family Trust

Father had nine children, from three marriages. He recently died and no information regarding a will, etc. was forthcoming. Father had promised a fair distribution of his wealth to various children.

A search of county records has uncovered the short form of an ''Inter Vivos'' trust with Father as the ''Grantor,'' and his current, (living,) wife as the ''Grantee,'' that lists one of their son as Trustee, and their other son as secondary trustee. What can the other children do to find out the terms of the trust since the trustee(s) do not feel that they are legally required to share details, and no one has the nerve to ask their Stepmother what his intentions were.


Asked on 10/23/03, 4:03 pm

3 Answers from Attorneys

Yaphett Powell Vubiquity, Inc.

Re: Family Trust

Trustees have a fiduciary duty to act in the best interest of all beneficiaries, but it's not clear whether you are a beneficiary.

1. You should get an attorney to write a demand letter requesting to see the trust provisions on beneficiaries.

2. If that fails, ask your attorney whether you can take the trustees to court to determine beneficiary status.

If your father had nine children and orally promised to distribute wealth equally, there is a good chance that he did not specify only a few children to be beneficiaries of his written trust. You all may be entitled to something, but you'll never know until you see the trust.

After reviewing the trust provisions if you determine that you're a legal beneficiary, then you should also seek help with financial planning and wealth management from a capable advisor.

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Answered on 10/25/03, 4:07 pm
Siamak Pishvaee Pishvaee & Bavar

Re: Family Trust

Get an attorney to write you a demand for production letter.

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Answered on 10/25/03, 4:21 pm
Michael Olden Law Offices of Michael A. Olden

Re: Family Trust

Yes, get an attorney immediately and make a demand upon the parties or listed as trustee and secondary trustee. Mail a fiduciary duty to all of the beneficiaries and must produce a copy of the trust. There are potential problems involved the dough should be discussed with you buy an attorney who will handle this for you. I am in the San Francisco Bay Area been practicing a state law for well over 30 years. If you wish to consult with me I am at 925 -- 945 -- 6000

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Answered on 10/23/03, 7:21 pm


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