Legal Question in Wills and Trusts in California
My parents did a will and trust after my father had a stroke, in 1999. I have one brother who refuses to give me a copy of these legal documents. My mother passed away 2 weeks ago. My brother and I have not spoken in 2yrs. My father is still living, but health is poor. According to my brothers lawyer, he doesn't think its right for me to ask for the trust and will, but my father is unable to make decisions. Why can't I have a copy of this, after all I am the daughter.
1 Answer from Attorneys
Suggest you obtain the services of a probate/trust litigation lawyer to represent you; you are not autmatically entitled to a copy of the estate plan of your father, unless he gives you specific permission to have the documents, and direct your brother to provide the documents to you. Your brother must be the holder of the durable power of attorney from your fatrher, who is charged with the keeping of those documents; if you suspect foul play, it is suggested you obtain the services of a probate lawyer specializing in conservatorship services to have yourself appointed a conservator of his person and estate; that will flush out the doumentation you seek.
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