Legal Question in Wills and Trusts in California

Re: Letters of administration & public notice living trusts

If there was a trust it is likely that it will not have been filed with any court. The Trustee should have given written notice to anyone that is a beneficiary. The trustee, in fact, has a duty to do so.

However, if there is an attempt to exclude you and a trutee that is not acting according to his/her duties, you should see whether you can find out what you can about who the attorney who drafted the trust was and see whether you can get a copy from them or information about whether you were named.

If there was a will and property sufficient, then there might be a probate filed in court in the county where the person resided upon their death. That is something that IS a public record and you may be able to get information that will lead to the trust documentation.

You should probably have a consultation with a local attorney to discuss your options.

Caleb

Re: Letters of administration & public notice living trusts

Demand a copy of the trust document from the Trustee. If there was real estate, searching the real estate records should reveal the identity of the Trustee. If the trust is being contested, a law suit will be filed in a county that has something to do with the trust, the decedent or some real property in the trust. YOu will have to search court records.

Under the law, if you are beneficiary of a trust, you have a right to get a copy of the trust documents and to get an accounting from the Trustee.

Re: Letters of administration & public notice living trusts

The will should be lodged with the court, but it is usually only done if they need to use it. If there is a trust, the get a copy of it from the trustee. If the trustee refuses, then cite him or her to court to produce the documents.

Re: Letters of administration & public notice living trusts

How were you informed that you were named? Do you know who the trustee of the trust is? Do you know the attorney that created the will/trust?

The will or trust will likely be in the care of the attorney who drafted it and/or in another safe place (like a safe deposit box). The trustee has a fiduciary duty to the beneficiaries.