Legal Question in Wills and Trusts in California
Do I have a right to see my father's trust if I am named in it?
My father died in Jan. 2001. He and my step-mother were married about 30 years and each had 3 children prior to marriage. We were told on my father's death that he and my step-mother had an irrevocable trust that left everything equally to the 6 children. My step-mother just died (June 2004), and it turns out she had a new trust made in Nov. 2001 and amended it in Oct. 2003.Instead of sharing in the sale of the house and all furnishings and bank accounts, my father's children now receive a small lump sum. My step-sisters receive all proceeds from the house, all furnishings and jewelry and all bank accounts. What are the rights of my father's children in this situation?
3 Answers from Attorneys
Re: Do I have a right to see my father's trust if I am named in it?
It is possible that your step-mother acted improperly when changing the trust. It is also possible that she acted within her rights. It would depend upon how the original trust was structured and written. I would be happy to review it for you, and would then be in a position to tell you more. Feel free to contact me.
Re: Do I have a right to see my father's trust if I am named in it?
First, and foremost, no reliable answer can be given without a qualified attorney reviewing the trust documents (yes, you most likely have a right to review the trust documents). If the trust was irrevocable from the beginning (which seems unlikely), then each of the children should receive more than what you described. The same is true if a more typical trust was established. Nevertheless, before any answer more than a complete guess can be given, I would have to review the trust documents. If you desire to give me a call, please do not hesitate to do so at (408) 268-2580.
Sincerely,
Kai H. Wessels, Esq.
Re: Do I have a right to see my father's trust if I am named in it?
Yes, if his portion of the trust became irrevocable. I would pursue an action for accounting. Feel free to call me at 818-340-4479, if you need help litigating this matter.
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