Legal Question in Wills and Trusts in California
legal rights
As a beficiary to my mom's trust am I entitled to a copy of the will? How can I obtain a copy since I haven't gotten one and she died 6 months ago? What is the lawyer/sucessor trustee's obligation regarding the benefactor getting a copy of the will?.
2 Answers from Attorneys
Re: legal rights
You mention two documents: a trust and a will. Your question is thus unclear.
You have a clear right to see any will, because every will must be filed by law within 30 to 70 days. See RCW 11.20.010 Duty of custodian of will. If the custodian or personal representative has not filed the will, they are in violation of the law.
As a beneficiary of a trust, you do have certain rights. According to the WA court, "The trustee is under a duty to the beneficiary to give him upon his request at reasonable times complete and accurate information as to the nature and amount of the trust property, and to permit him or a person duly authorized by him to inspect the subject matter of the trust and the accounts and vouchers and other documents relating to the trust."
You can se the WA law at http://www.leg.wa.gov/pub/rcw/rcw%20%2011%20%20TITLE/rcw%20%2011%20%20%20TITLE/rcw%20%2011%20%20%20TITLE.htm. In particular, look at the following chapters:
11.97 Effect of trust instrument; 11.98 Trusts; 11.99 Construction; 11.100 Investment of trust funds; 11.102 Common trust funds; 11.104 Washington principal and income act; 11.106 Trustees' accounting act; 11.108 Trust gift distribution.
If the personal representative (of the estate) or the trustee (of the trust) is/are not following the law, you can seek the court's assistance. See 11.96A Trust and estate dispute resolution.
Re: legal rights
they must give you a copy. if they dont you can take them to court.