Legal Question in Wills and Trusts in California
I ned assistance in finding a trust fund
My mother-in-law died in 1991, at the time of her death, she left my girls a trust fund in the amount of $90K to be used for college at age 18 or if no college, it was their's at age 21. My ex-husband now tells me there is no money in the trust fund. How can I get a copy of the original trust fund without knowing the name of the attorney who wrote it up? All I have is her social security number and date/place of death.
3 Answers from Attorneys
Re: I ned assistance in finding a trust fund
If you can't get a copy, I suggest you consult an attorney to file a petition in the probate jurisdiction where the mother-in-law died and ask the court to take jurisdiction. If your ex-husband was the trustee he will have to account to the court. Actually, it's the children who have to bring the action, not you. If the children are under 18, then you can bring the action as their natural guardian.
Re: I ned assistance in finding a trust fund
The trustee is the one who owes you a copy of the trust. If that's your ex-husband, then he's required to give you (as the childrens' guardian) a copy-if the children are adults, he owes the copy to them. They are also entitled to an accounting of the trust assets and distributions from the trustee.
Did the children receive any distributions from the trust? Perhaps it allowed for distributions for things other than college, and the money was used for that, but even so, the trustee has to show where it went.
Re: I ned assistance in finding a trust fund
you would have to get a copy from the trustee
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