Legal Question in Wills and Trusts in California
Heirs rights to copies of living Trusts
My father recently died at age 95. He and his wife of 6 years had a revocable living trust. His wife (my stepmother) refuses to let me (and my siblings)have a copy of the trust. She also refuses to advise us of the trusts contents. Do heirs have legal rights to copies or review of the trust?
3 Answers from Attorneys
Re: Heirs rights to copies of living Trusts
You have a right to see the trust if it has become irrevocable, under the notice provisions of Probate Code section 16061.7, and also access to other information under Probate Code section 16061. If your stepmother remains uncooperative, you may wish to have an attorney make the demand for the trust copy.
If the trust does not become irrevocable until your stepmother dies, you may not be able to get a copy.
Re: Heirs rights to copies of living Trusts
Probate Code section 16060, et seq., provides for the trustee to keep beneficiaries of the trust reasonably informed of information about the trust including "terms of the trust".
Your step mother should be more cooperative with you. Her lack of candor is likely only to lead to suspicion. At this point you will probably want to retain an attorney to contact her on your behalf.
There are a couple of benefits to this. First, you don't have to be the "money-grubbing bad guy". Second, having an attorney contact her is more likely to get a useful response.
I would be happy to speak with you about this matter.
J. Caleb Donner
DONNER & DONNER
LEGAL WARRRIORS (R)
325 E. Hillcrest Drive, Suite 242
Thousand Oaks, CA 91360
Tel: 805-494-6557
Fax: 805-494-0990
email: [email protected]
website: www.donnerlaw.com
Re: Heirs rights to copies of living Trusts
if the trust itself has become irrevocable upon your father's passing, then you as well as the other beneficiaries are legally entitled to view the document upon request, as well as get an accounting of all the assets in the estate in which you would be entitled once your interest has vested. if you would like further legal assistance or representation in this matter, email directly on how you might like to proceed.