Legal Question in Wills and Trusts in California
re living trusts
hi my mom died a few days ago and i want to know what the will states i havent seen the will but my sister has and when i ask to see a copy of the will im told no and iam one of the heirs on the will my mother had a living trust and her property vaule is at at least 1 million dollars or better . my sister is not the executor of the will but my brother is . but my sister has got the will and living trust in her hands now. when i ask what iam getting she refuses to tell me and told me if i asked about the will than she will give me. one dollar and no more if i try to hire an attonery than i will be cut out of the will. how can they do that . she said only her and my brother will decide about the sale of the property and that i dont have any rights to help with the sale of the house . my mom couldnt see very well when the will was drawn up and i beleive my brother had undo presure over her giving him rts to all of the property and now my sistert and him wont tell me a thing and told me i cant even have a copy of the will. my sister is also putting changes in the living will with a lady who drew up the trust to add more names to the orig documents in the will. help they said they are not even going to probate court either on this.
3 Answers from Attorneys
Re: re living trusts
You have a right to see the trust. Hiring an attorney doesn't disinherit you. The only risk you face is if you file a contest to the trust and even then there are procedures to minimize the risk. You can't determine if you need to challenge the trust until you see a copy of it. The situation you described about pressuring an elderly person to change a will is, unfortunately, not usual. Find an attorney located near to where your mother was residing at the time of her death.
Re: re living trusts
Very sorry to hear about your mother. The LAST thing I'd figure you need is a family feud after that, but they do tend to happen far too frequently when it comes to money.
Unfortunately, if there is a valid trust, then Probate is not necessary; this is one of the MAJOR benefits of having a trust.
As far as receiving a copy...yes, you DO deserve one and NO, your sister is incorrect about the $1 provision. Sounds like there is a provision that states if you (or anyone else) "challenges" the will or trust, then you are to receive only $1, not if you hire counsel to review the will and trust for you. This type of provision is often called an "anti-competition clause" and is VERY common in trusts and wills.
I agree with co-counsel on this one; you need an attorney to get you a copy of the will and trust to assist you in reviewing them and understanding what each entails as well as what rights you have under each of them.
Our office specializes in wills and trusts and you can learn a little more about them, as well as us, on our firm's site www.No-Probate.com.
I'd be happy to assist you, but, again, co-counsel is correct, you probably want an attorney who is located in the county where your mother resided.
If you need additional assistance, please feel free to contact me through our website or directly at 626-578-0708.
Good luck and take care.
Re: re living trusts
If there is a trust, there is no need for probate. However, you are entitled by California law to receive a copy of the trust. The will may be imaterial if there is a trust, unless the trust was not properly funded.
Bottom line is, you will probably need an attorney to help you.
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