Legal Question in Wills and Trusts in California
How do I find a trust on file? My dad recently passed and my brother are withholding information.
Asked on 2/27/11, 7:43 pm
2 Answers from Attorneys
Michele Cusack
Pollak & Cusack
Most living trusts are not recorded or "filed" anywhere. But all beneficiaries and heirs at law are entitled to a copy of the terms of the trust. If your brother is the successor trustee, make a written request to him, or his attorney.
Answered on 2/27/11, 9:16 pm
Chris Johnson
Christopher B. Johnson, Attorney at Law
The trustee is required to give you notice about the administration of the trust and instructions for receiving a copy of the trust under Probate Code section 16061.7. You can make your request for a copy under this code section, along with assets/liability information regarding the trust under section 16061. If you don't get this information, you can compel the trustee to give it to you in court.
Answered on 2/28/11, 9:58 am