Legal Question in Wills and Trusts in California
Issuing copies to beneficiaries of a trust
My father has been declared incompetent and another sibling is the trustee/executor with springing poa. She is the only one with a complete copy of any and all documents associated with trust. I asked her for a copy since I have quite a few gifts from father. Days later - no copy. Phone call provides info stating that my request was left with dads atty. She further adds that any actions will be dealt directly with atty. not her. Well since I am not the DPOA or executer, the atty has never and I mean over the past 7 years never ever returned a call to speak with me. Henceforth, I can't get a copy of anything to keep the playing field level. All of this is in So. Cal. and the Executor is in Oregon. Any suggestions on how to acquire such documents? And to me it sounds like she is abdicating from her responsibilities to dads estate. Why pay her from the trust when she can even xerox a trust.......
1 Answer from Attorneys
Re: Issuing copies to beneficiaries of a trust
Under California your sister is only required to provide copies of the trust documents to the beneficiaries when the trust becomes "irrevocable". Depending on the terms of the trust, it may say that it becomes irrevocable when your father becomes incompetent - or it may say that it only becomes irrevocable when he passes away.
I would send a request in writing to the lawyer and remind him of that provision of the probate code.
If you still don't get a copy, you can file a petition in the probate court asking the court to compel your sister to provide a copy of the trust.
This information is not intended to substitute for professional legal advice and does not create an attorney-client relationship. You should accept legal advice only from a licensed legal professional with whom you have an attorney-client relationship.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
