Legal Question in Wills and Trusts in California

Re: Father's Living Trust

If she refuses to give you a copy of the trust, you need to take legal action. It would be best to hire an attorney.

Re: Father's Living Trust

Yes. The law requires the successor trustee to notify the beneficiaries of the death and deliver a copy of trust document. A lawyer will cite the law and make the demand. If the successor trustee is not cooperating, you have to file a petition for an accounting and to change the successor trustee.

Re: Father's Living Trust

Request a copy from your father's wife. There is not cour filed copy of trusts.

Re: Father's Living Trust

Request a copy from your father's wife. There is not cour filed copy of trusts.

Re: Father's Living Trust

Courts usually don't keep copies of the Living Trust.

Does your stepmother have an obligation to notify you about the trust and give you a copy? It all depends upon whether she had the power to revoke this trust. If both of them were settlors of the trust and each had the power to revoke the trust upon the death of the other, then she is not obligated to give you a copy of the trust. In fact, I just help a client revoke an old trust after his wife died and create a new one. Unfortunately, he decided to disinherited his children. He had the right to do so without even having to notify them, because that was written in the trust.

However, if you feel that the trust is irrevocable, perhaps you and your sibblings could jointly write a letter to her requesting that a copy. There is greater power in numbers. Tell her that you would like to know what your dad's final wishes were. If she does not respond the first time around, you may want to have a lawyer write a letter for you.