Legal Question in Wills and Trusts in California
Trust Abuse
There are three sons who recently loss their mother. The mother named her grandaughter her executor. The grandaughter has been quoted as saying she intends to give one son 10,000 dollars and the other two sons 0 dollars. She refuses to share with us the original trust as well as an original taped recording of our mother made for us to listen after her death. Only copies, which is not exceptable. My question is how can the sons get access to all matters concerning the proper execution of our mothers wishes? Thank You
3 Answers from Attorneys
Re: Trust Abuse
She is required by law to provide a copy of the trust to all potential heirs.
Re: Trust Abuse
make a demand in writing by all 3 sons. if she does not do as required and she has an attorney make the damand on her attorney --- if nothing get an attorney and file an action in the superior court in the county in which the person lived and presumably died --
Re: Trust Abuse
from the facts given, if the sons are beneficiaries of the trust, they are entitled to review the trust intrument itself and get an accounting of the assets therein. thus, its most likely in their best interests to retain an attorney asap to file a claim and/or compel the trustee to show them the instrument itself, recorded evidence, provide a trust accounting of assets, and carry out the instructions of the trust to the letter. if the sons would like further legal assistance and/or representation in this matter, feel free to email me directly on how they may want to proceed. thanks for your question.
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