Legal Question in Wills and Trusts in California

Re: my rights as a benificiary in a living trust

this question cannot be answered without reviewing a copy of the trust agreement. you can write to the trustee and request a copy of the agreement. once it is received you will need to consult an attorney to review the document. or if you have any concerns about the honesty of the trustee, you should retain an attorney now to determine if any other actions should be taken now.

Re: my rights as a benificiary in a living trust

Communication is always the best solution. Write her a letter or have an attorney write a letter asking what her plans are regarding the house. Ask her if she is physically healthy enough to manage the property. Volunteer to serve as trustee. Also ask her what would happen to the house if she should be incapacitated or die. Tell her that you are afraid that the property would go through probate if she should die or be mired in court proceedings if she becomes incapacitated. Tell her that it might be best to sell the property as quickly as possible because you really need the money, and could use it to renovate your house, or some other excuse and see what she says.

Re: my rights as a benificiary in a living trust

You should demand of the Trustee a copy of the trust. You are entitled under the law. Then you can make a demand for an accounting if you suspect that the Trustee is not following his or her obligations under the trust documents. If the Trustee is less than fully cooperative and forthcoming, you can and shold file an action for an accounting.