Legal Question in Wills and Trusts in California
living trust and disabled child
Our mother died 3 years ago. Our brother lived with her for 20 years. We know she had a trust made in 1991. After her death, no information was forthcoming from our brother. We also have a disabled sister, and one of us has conservatership over her. Is there a way to find out if our disabled sister was a beneficiery in the trust?
2 Answers from Attorneys
Re: living trust and disabled child
As a child of the deceased, you're entitled to a copy of the trust. You should ask your brother for a copy. If he refuses (for any reason) then contact an attorney for assistance. Don't wait. You might want to contact an attorney even if he gives you a copy of the estate plan. These types of cases rarely end well. To improve your chances of recovering something, contact an attorney today.
Re: living trust and disabled child
Yes, the Conservator should write a letter to whomever was the trustee of your mother's trust (presumably the brother who lived with her for 20 years) requesting a copy of the 1991 Trust.
If the trustee is uncooperative, you should consult with an attorney experienced in estate & trust litigation as there are ways to force disclosure of this information from an uncooperative trustee.
Please give me a call if you would like to discuss this further.
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