Legal Question in Wills and Trusts in California

Make a formal written demand on your stepmother to provide you with a copy of the trust. There are specific probate code sections which provvide that all heirs and beneficiaries are entitled to a copy of a trust once it becomes irrevocable. If the trust is revocable, then you are not entitled to a copy of it. If your stepmother refuses to provide a copy of the irrevocable trust then you can consider petitioning the court to order her to provide a copy. You can also check the title to his real property to see if it was ever transferred to a trust.

I am sorry for your loss.

You should write a letter requesting a copy of any and all wills, trusts and estate documents.

If you do not get a response and your father had assets then you can file a probate proceeding.

You should contact an attorney who can write the letter on your behalf and bring the probate if necessary.

I would be happy to discuss this with you.

Caleb

J. Caleb Donner

DONNER & DONNER

LEGAL WARRIORS�

910 Hampshire Road, Suite R

Westlake Village, CA 91361

Tel: 805-494-6557

Fax: 805-409-8677

Email: [email protected]

Website: www.LEGALWARRIORS.com

I am sorry for your loss. If your father�s trust became irrevocable on his death, you can and should make a formal, written demand for a copy of the trust and will from your father�s wife. Pursuant to Probate Code Sec. 16060.7, a beneficiary of an irrevocable trust is entitled to a copy of the terms of the trust (the trust document). If your father and his wife had a joint trust, then it the trust may not become irrevocable until the wife dies. In that case, you are not entitled to a copy of the trust. However, there are different types of trusts. Some trusts contain separate provisions for a husband and wife�s estate, particularly where the individuals have been previously married or have separate assets and/or children from prior marriages/relationships. So, if your father and his wife had a joint trust but some provisions concerning his estate became irrevocable on his death, you are still entitled to a copy of the trust. If the wife does not comply within the time frame specified, then you may need to bring an action in Probate court.

You can also check the county recorder in the county where any real property that your father may own is located. The county recorder will have a record of any deed filed in the name of the trust. As far as life insurance goes, those types of assets are not normally held in trust but have named beneficiaries. If there is any life insurance policy that lists you or the other children as the beneficiaries, the wife will not be able to collect those sums. However, for you/the other children to be able to collect on such policies, you need to know where they are located. You might want to include a demand for that information, as well.

I would be more than happy to speak with you about this further.

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