Legal Question in Wills and Trusts in California

living will

My aunt recently died and left a living will or trust. I am one of the beneficiaries, but I am unaware of what exactly is mine. Are such trusts filed for public viewing? If so, where do I get a copy?


Asked on 1/25/07, 7:53 pm

2 Answers from Attorneys

Scott Linden Scott H. Linden, Esq.

Re: living will

As a beneficiary, you have a right to view the trust instrument, but they are not for public viewing. Part of the benefit of a trust is the privacy it can provide.

Please feel free to review our site (NoProbate.com) to learn a little about Trusts and the Probate procedure. If you require assistance with your situation, please contact us through our site (NoProbate.com)or at the phone and address provided by LawGuru.

Scott Linden

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Answered on 1/25/07, 7:56 pm
Jennifer Sawday Tredway, Lumsdaine & Doyle LLP

Re: living will

If your aunt left a will, the original should be lodged with the court where your aunt died. If the will is lodged, you may ask the probate clerk to view this will.

If your aunt left a trust, California Probate Code requires that the successor trustee give notice regarding trust administration to beneficiaries listed in the trust and other heirs. When you receive this notice, you may ask for a copy of a trust from the trustee or their attorney.

If you are concerned about your rights during this proceeding, you may hire an attorney to help you understand the process and represent you.

Please know that if your aunt just passed away, it may take time for the will to be probated or trust to be administered. Of course, a long delay could be unreasonable, but a short time period of a few weeks to a month is often normal.

I hope this helps.

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Answered on 1/25/07, 11:42 pm


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