Legal Question in Wills and Trusts in California

I knew my father wanted to establish a trust for me. I did not know he was relying for legal advice on a certain relative. This relative set himself up as trust author, attorney, and trustee with absolute discretion who inherits. He is executor of my parents' estate and was for a while sole custodian of my parents' trust and of the Surviving Trustor's will. He gave me no information when my father died, and prevented me from seeing the terms of the trust that was for me until years after my father's death. He did not tell me my parents' trust had been split, or the names of the component trusts. I knew I was a beneficiary and that I was permitted to receive both income and principal under certain conditions from that trust. I asked in writing for a copy of the trust meant for myself, by name. I asked in writing for a copy of every additional trust into which or from which he had taken money assigned to me. My description was wrong because I had not been given information. My mother had a health problem and depended on his advice. She died recently. I need a lawyer. Now I have been told that I have a Special Needs trust, thus I must have a mental defect. Lawyers are willing to take my money for looking over the documents, but are prejudiced against me by the nature of the trust. This is not what my father intended, but he is not here to speak. I am not retarded or mentally ill. I have never accepted any kind of Welfare. I should not have to prove a negative. How do I find an attorney?


Asked on 6/01/11, 7:48 pm

1 Answer from Attorneys
Eliz. C. A. Johnson Eliz. C. A. Johnson

You were entitled to a copy of the trust when it became irrevocable. You are entitled to request a copy and be given one. There is no need for secrecy. The fact that a special needs trust was set up does not mean you are retarded or have a mental defect. Without knowing all the facts, I cannot know why it was set up that way. If the Trustee is mishandling the matter, you are also entitled to file an action to have him removed from the role but that would be a big step and one you should only take AFTER an attorney has gotten a copy of the trusts and reviewed the information you do have.

You do not have to prove a negative. I think that is a misperception. Law Guru has a tab in the upper right corner where you can search for a San Jose attorney who does trust litigation. Best to you in this endeavor. I am sorry for your loss. This is a hard place for you to be.

Eliz.

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Answered on 6/01/11, 7:55 pm


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