Legal Question in Wills and Trusts in California
My father's trust attorney has a very high rating. I recently found out that he has 90 days to give the successor trustee a complete copy of my father's file after he dies. I also have a document from my father's attorney who wrote to my attorney stating that his policy is to give me the successor trustee a copy of the file. To this day I have not received a complete copy of my father's file. The attorney will not comply with me. QUESTION, since I have not received a copy of my father's file, can I assume that my father revoked his trust before he died? If my father revoked his trust would it be true that his attorney doesn't have to comply to anyone? Thanks
2 Answers from Attorneys
If the Trust no longer exists, then there is nothing for the attorney to give to anyone. If he no longer represents your father he should be able to tell you that your father is no longer his client as he had told you before that he was. You need to ask him directly if he is your father's attorney, does the trust still exist, are there any documents that he is aware of that effect the probate, etc..
You can find out some information from sources other than the attorney, i.e. the county recorder where your dad's real estate is located. Go to a title company in that county and ask them to pull up a copy of the last deed of record on each piece of real estate your dad owned. If they refer to his trust then the trust still existed (in some form) at his demise. Armed with that information you could then confront the attorney as George suggests, above.
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