Legal Question in Wills and Trusts in California
How can I force a sibling to give me the whole Will?
I have 2 questions:
1. The Trustee, my sister, says I have to sign a Release of Liability form that says I won't sue her if I want to get my money from my mother's Estate. Is this true?
She has done some very underhanded things and I believe has been unethical in embezzling funds from the Estate.
2. She has never given me the entire Will. There are approx. 15 pages missing, including a Schedule A which lists the assets of the Estate. She claims she does not have a full copy of the Will. The lawyer she employed for the Will won't return my call.
Thank you so much for your help & assistance!
3 Answers from Attorneys
Re: How can I force a sibling to give me the whole Will?
Yo do not have to sign a release to recieve a copy of the trust if you are a beneficiary. You can force the issue and you should probably request an accounting while you're at it. Call me directly at (619) 222-3504.
Re: How can I force a sibling to give me the whole Will?
SIGN NOTHING WITHOUT REPRESENTATION.
This sounds REALLY SHADY...I recommend you have myself or one of my esteemed collegues review the ENTIRE WILL (don't worry...we CAN get it) and THEN give you a proper, well-reasoned response.
I think if you go at this yourself, you will be sorry about it in the long run.
Please feel free to contact our office to set up a free consultation at 626-578-0708 or through our firm's web site at www.No-Probate.com
Regards,
Scott
Re: How can I force a sibling to give me the whole Will?
1. You do not have to sign a release before you are entitled to the property or money that was left to you. See CA Probate Code 16004.5.
2. You are entitled to see a complete copy of the trust. See CA Probate Code 16061.5.
3. The attorney handled to assist your sister with administration of the trust does not have an obligation to talk to you - and in some cases, it would not be ethical for them to talk to you. If this matter is especially important to you or if there is a significant amount of money at stake, you should consider hiring an attorney to represent you.
The next step(s) to take would be a formal demand to your sister for copies of the estate planning documents, and an accounting of the trust's income, expenses, and assets to date. If your sister will not provide those to you in a cooperative spirit, your alternatives are essentially to let her do what she likes, or to ask a court to step in and force her to administer the estate/trust correctly.
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