Legal Question in Wills and Trusts in California
My mother has moved in with my older sister as her caregiver. My mother's neurological testing shows significant mental impairment and mom is legally blind as well. My older sister has taken over the task of managing my mom's estate. She has created a living trust and will not let me see it. I have a copy of the medical report for mom, a copy of the original will and evidence that my mother did not really want older sister to manage her estate.
Question. As a beneficiary on the will, do I have any right to see a copy of the living trust that my sister had my mom sign? I am unable to speak to my mother as my older sister will not permit it.
1 Answer from Attorneys
There are real questions of 'undue influence' and fraud here. Being named in a Will does not give you standing to have a copy of any later document. As an heir though, you will be part of the probate process. You need to establish whether there is undue influence going on and chronicle the capacity that your mother has to make a will or trust at this point. The relationship with your sister may be irreparable. It may be that she feels entitled to the whole estate because she is doing all the work in caring for your mother, despite the fact that she refuses to let you see her at all. You may also want to contact the adult welfare agency in your state to lodge your concern that she is being isolated and share your other concerns. The important part is whether she is getting the care she needs. It would be wise to contact an attorney in your state fairly soon to make a record of the situation.
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