Legal Question in Wills and Trusts in California

Who, how and when should you be notified that you are in a trust?

My Father-in-law passed away in Sept. 1998. We have been told that my husband, his brother and step-sister are in the trust (the step- sister is the executor.) The step-mother and step-sister refuse to give us a copy or any information regarding the will/trust. We have asked them in person on several occassions and also sent a letter with no results except that it is her business and not ours. However she has admitted that "the boys" are supposed to get the stock. We believe that my father-in-law has an AB trust. We fully understand that there will not be a distribution until the death of the step-mother. We would just like to know the full wishes of my father-in-law. He lived and died in L.A. county.

We have heard that legally we were supposed to be notified within 60 days of the death (it has now been almost 11 months.)

Do we .....

1. have a legal right to see the trust at this point? Do we contact his lawyer directly?

2. Is a trust a "public record" at the court house where we can request a copy?

3. Can we ask for an accounting of the stocks?

4. What else should we do to end this uncomfortable situation?

Thank you! You and this site provide a great service!


Asked on 7/29/99, 1:50 pm

1 Answer from Attorneys
Leslie Beckhart Law Offices of Leslie Kent Beckhart

Re: Who, how and when

1. Yes, your husband has a legal right to see the trust. See California Probate Code Section 16061 (available on line).

2. If there is a probate and the trust is a testamentary trust (that is, a trust contained in a will), then the trust will be in the public record. If the there is no probate, then the trust will not be in the public record.

3. Yes, your husband has a right to information about the assets, liabilities, receipts, disbursements and acts of the trustee. See Probate Code Sections 16061 and 16062.

4. A strongly-worded letter should be written to the trustee (and the trust attorney, if there is one), pointing out her obligations under the law. If she is unresponsive within a reasonable period, you can compel her to act by filing a petition with the Probate Court. You might consider retaining an attorney at this point; a letter written by an attorney sometimes gets quicker results, and he or she can help you to understand your rights in this matter.

(This statement does not constitute my representation of you, nor is it an attorney-client communication. However, I would be pleased to discuss representing you on a formal basis.)

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Answered on 7/29/99, 7:05 pm


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