Legal Question in Wills and Trusts in California
Living Trust: How Can I Obtain Copy
My father died on April 15, 2003, at the age of ninety-five. He and his wife of six years held a joint Trust. In response to a formal request for a copy of the trust, my stepmother's legal representative submitted an ''Abstract of Trust Agreement.'' The abstract contends that the trust did not become irrevocable upon my father's death, and I am not entitled to a copy of the trust. How do I find out if I am in fact a beneficiary to my father's trust if I cannot get a copy of the trust? If the trust is not irrevocable, how can I get a copy of it? If the trust is not irrevocable can I take it to Probate Court? What would be the approximate legal fees to pursue this matter through the courts?
3 Answers from Attorneys
Re: Living Trust: How Can I Obtain Copy
if you email directly with more detailed facts on this matter, i should certainly be able to give you a full legal evaluation of everything, as well as any further assistance you may need in aggressively fighting for your rights.
Re: Living Trust: How Can I Obtain Copy
If you are a beneficiary you are entitled to a copy. I would recommend options including a settlement regarding your rights, if that fails to litigate. I would take the matter for a retainer of $ 3K with acceptable payment arrangements. I happen to have cases in San Jose which requires me to travel there regularly. Please call me directly at (619) 222-3504.
Re: Living Trust: How Can I Obtain Copy
If this was a typical A/B trust, a portion of the trust probably became irrevocable at the first death. If you are a beneficiary you would then be entitled to a copy of the trust.
The trust may also have a no contest clause, so you must be careful in how you proceed to avoid losing whatever interest you may have. We are estate planners and litigators, if you want our help in this area please do not hesitate to contact us.
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