Legal Question in Wills and Trusts in California

If the trust is irrevocable at the time of your brothers death, then the trustee needs to notifiy all heirs at law as to the irrevocable portion of the trust and have the right to request a copy of the trust under 16061.7. The question becomes, is this trust a joint trust between husband and wife, and if so, is it irrevocable, or can it be revoked by your brother's widow. If it can be revoked, she doesn't need to send "heirs" at law anything. If a portion of the trust is irrevocable, then you may be entitled to receive notice and a copy of the trust if you are an heir at law. If there is separate property owned by your brother, heirs include wife and then children, and if no children, then parent and then siblings. So if your brother had children survive him, you would no longer be an "heir at law" and would not be entitled to obtain a copy of the trust. So this is 2 prong test -- revocability of the trust and heir-at-law issues.

The trust is not public. If you (or your minor child) are a named beneficiary, that would also entitle you to notice and to request a copy of the terms of the trust.

Mr. Woo is right--you can make a demand to see the trust and its assets under probate code sections 16061 and 16061.7. If she refuses, your next step is to file a petition in probate court to force her to give you that information. However, if the entire trust is still revocable, she does not have to share it with you--if this is the case, she should at least let you know.

You should retain an attorney as soon as possible to represent you and your family. Beneficiaries have a variety of rights with respect to a decedent's trust and you can enforce those rights in Court if need be. If you would like to discuss this matter further, please do not hesitate to call me.

Jon Reich

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