Legal Question in Wills and Trusts in California
If my father's trust attorney will not comply with me after my father died, can I assume that there is no trust? I was nominated as the trustee. If so does the will go into effect? Thankyou
3 Answers from Attorneys
Upon your father's death the trustee is supposed to notify all beneficiaries of the trust and thereafter fulfill the terms of the trust. If the trust was depleted during your father's lifetime, then perhaps there is nothing left in the trust. If your father owned real estate, you can check with the County Recorder to see how title was held (individually, in joint tenancy or in trust). Property held in joint tenancy passes to the survivor without any probate. I suggest you consult with a local attorney who can get more specific relevant facts from you and provide you with more specific advice..
If there was no Trust then he should tell you that. If he really has not over a significant period of time spoken to you, just tell him that if he will not respond to you you will come to his office and sit there waiting for him, engaging his secretary in meaningless chatter [so she can not do any work] and asking his clients who come in how they like him as an attorney. That should elicit a response. If there is no Trust or it has no assets in it, then the directions in the Will take over.
How were you nominated as trustee if there is no trust? There either is a trust, or there is no trust. You need to ascertain that as soon as possible.
I also love Mr. Shers response.