Legal Question in Wills and Trusts in California

How to find out if a living trust exists

My father and mother allegedly did a living trust 8 years ago. My father was always secretive and wouldn't show it to me then and my mother didn't know where he stashed it. She used to sign a blank tax return because he was so secretive. She died in 2000 and again he wouldn't show me the living trust. He remarried in 2001 and severed communication with me. He died July 2006. His stepkids are going through his papers and are deciding what comes to me. I don't know if there was a living trust drawn up in 1998. How do I know if one was ever done and if it was done legally? My mother said that they didn't go to a lawyer so I have no idea where it was done. I know my father always took shortcuts. No will was ever filed after her death and I know with living trusts one doesn't have to do that. His step-daughter-in-law will only communicate vis-a-vis e-mail at this time which is highly suspicious to me. When I mentioned his living trust at the funeral, she looked rather surprised and now will not answer phone calls. Do I have any legal rights? Any advice?


Asked on 8/09/06, 7:51 am

1 Answer from Attorneys
Janet Brewer Law Office of Janet L. Brewer

Re: How to find out if a living trust exists

It's difficult to find out whether a trust exists. Your best bet might be to check the county recorder's office to find out how the title on the house is recorded. If it's recorded in the name of the John & Mary Smith Revocable Trust", then you know. If not, there's still a chance there was a trust, but you probably won't be able to find it.

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Answered on 8/09/06, 11:47 am


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