Legal Question in Wills and Trusts in California

In an Intervivos living trust does 2nd trustee have any right's? I was told that i was named 2nd trustee,have never been shown any will.The deceased had told me that I should know that she had left something for me.


Asked on 10/06/11, 8:17 am

2 Answers from Attorneys

Michele Cusack Pollak & Cusack

If you are second successor trustee and the first successor trustee is willing and able to serve, you don't currently have any rights or duties as trustee. But anyone mentioned in the trust is entitled to request a true and correct copy of the terms of the trust.

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Answered on 10/06/11, 8:39 am
Rosemary Meagher-Leonard Law Office of Rosemary Meagher-Leonard

You have used the terms "trust" and "will" interchangably, but it appears from your post that the decedent had a trust. Was the initial trustee of the trust the deceased? By the second trustee, do you mean that there is a first successor trustee ahead of you? As Ms. Cusack has said, if the first successor trustee is willing to act in this capacity ( and you are the second or alternate trustee), then you do not have any obligations or rights as such a trustee,until or unless the first successor trustee no longer is willing or is unable to properly act as the trustee. If you are a beneficiary or a possible heir under the trust or will, you have the right to request a copy of the terms of the trust. You should make a written request for a copy of the trust from the current trustee.

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Answered on 10/06/11, 2:09 pm


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