Legal Question in Wills and Trusts in California
My father died when I was young my grandmother was wealthy and I was told she had been putting money away for me for years over 250k and that I also would inherit half of her estate and that there was a trust set up. She died with dementia and my Dad's brother became in charge of her estate. While he did pay for my college he then claimed that the money set aside for me was "all gone". We are estranged and I do not have any documents except 2 that I recently found one from last year that says that my grandmother's "revocable trust" still exists she passed away 10 years ago. Is there a legal way for me to see this trust? dated 1991 when she was alive to see what happened to the money I was supposed to receive?
4 Answers from Attorneys
This sounds like a somewhat complicated matter.
What you need to do is request (in writing) a copy of the trust documents as well as an accounting.
Given your estrangement and the "all gone" aspect, I would have an attorney draft the letter requesting the copies so as to be able to review the documents.
An important question is going to be what state law applies. Where did your grandparents reside?
Let me know if you would like to discuss this matter.
J. Caleb Donner
DONNER & DONNER
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Mr. Donner is correct. You probably will need an attorney to write a letter since your uncle is not willing to co-operate. He is required by law to make a copy of the trust documents and give an accounting; failure to do so could result in the court ordering him to be replaced. He may have had to invest the money and earn a reasonable amount of interest that might have had to go to you. The law will be state law for the state where your grandmother lived, unless the trust states otherwise.
I have handled similar matters. Sometimes it turns out to be a misunderstanding, sometimes the beneficiary is being cheated. I would charge $125 per hour to handle initially the matter [I am semi-retired so can act quickly].
In any case, you need to get an attorney to help you.
yes, you can request a copy of the trust and an accounting. if your uncle does not respond you can file petition with the superior court to compel an accounting, to have him removed as trustee and other relief if he has acted improperly. you will likely need to retain an attorney to accomplish this effectively.
You should hire an attorney since this sounds like a very complicated matter. In any event, you can request a copy of the trust from your uncle and also an accounting of the monies spent in the trust. If he does not comply or their are issues with the accounting, you can seek judicial review and request your uncle be removed as trustee. In addition, if your uncle misspent the money or distributed it inappropriately, your uncle may be liable to you to pay you what you are entitled to receive.
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