Legal Question in Wills and Trusts in California

Irrovecable trust

I was told I after my Fathers death there was a irrovecable trust ...(i am an only child) I was never shown the trust , I did ask to get a copy , but was told that was not possible..i feel that I have to view the document in order to determine what my status is and what I am entitled to.Is there any way that I can legaly force them to let me see the trust?


Asked on 1/01/02, 5:52 pm

1 Answer from Attorneys

Wayne Smith Wayne V. R. Smith

Re: Irrovecable trust

Absolutely yes. The trustee is required to provide you with a copy of the trust on demand, and by law within 30 days of death whether you demand a copy or not. The probate court will compel full disclosure and is likely to require the trustee to pay the court expenses and fees personally if he refuses. If you are the only surviving heir, it is possible the trust is not irrevocable. That would be unusual. Call me right away if I can help. Or reply by email. If you are too far away for me to get involved, I will help you find an attorney where the court has jurisdiction. My territory is Contra Costa and Alameda County, but I handle matters in all 9 SF-Bay Area counties. I urge you to act soon, especially if the trustee is another family member or relative.

NOTE: Please understand that the information provided in this reply is for informational purposes only and does not create an attorney-client relationship. It also may not be complete. Before you make any decision that might possibly have legal implications, you should consult with our office, or another qualified professional, in a manner that provides for thorough communication so that thorough legal advice can be provided in a manner that relates to your specific circumstances. Thank you.

Reply Posted By:

Wayne V.R. Smith

Attorney at Law

P.O. Box 3219

Martinez CA 94553

[925] 228-5232

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Answered on 1/01/02, 7:02 pm


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