Legal Question in Wills and Trusts in California

great uncle's trust
My great Uncle died over a year ago. He had no wife and he had no children. He told me that my 2 sons and I were in his trust.
He had a 90 yr old sister but he didn't name her in his trust, as she 's 90 and a millionaire. He lived at her house when he died so (sister's daughter) niece got hold of his trust.
She's told everyone that nobody is in his trust. Hard to believe since there are only 9 family members.
the rest of us (the other 8) have received nothing, money, letter or proof.
We were told that we're not heirs because his 90 yr sister is alive. We are not beneficiaries either so we have no right to see trust.
Uncle even told neighbors and friend's (in NY) that my 2 sons and I were in it.
What are our rights or do we have any? Do we have to take her word, even though we all know she's lying? I would think that IF we were NOT in the trust she would want to prove this to us. Obviously, she has something to hide.
Is this punishable by law, if she's caught? Stealing is stealing.

Asked on 1/16/08, 1:35 am

2 Answers from Attorneys

Elena Franz Franz Law Office

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Re: great uncle's trust

Although wills are public record which are filed with the probate court, generally within thirty days, a trust is private. The trust attorney can tell you whether you are entitled to a copy by sending a certified letter to the trustee requesting the trust copy and accounting statement. You should consult with an attorney to secure your rights. Good luck!

Answered on 1/16/08, 11:17 am

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