Legal Question in Wills and Trusts in California

trust (CA)
My uncle (millionaire) made it known that we were all in his trust.He has no children & widowed.
Bulk was going to niece (PA) but she predeceased him. we didn't know her, as she was his widow's niece. Another niece, trustee
will not let anyone see trust. She said nobody is in it but will not prove it by showing it to us. He hated this niece,she was mean to him once he told her his trust plans. He lived at his sister's house (nieces mom). so they had access to trust but keeping it secret. B of A holds trust but will not comment without me having a copy of trust proving I'm in it. catch 22.
trustee spending money like crazy, out of character. He died 1/9/2007. today is 1/9/2008.
How can she do this? we don't have the money to sue and she knows it. she's waiting for enough time to pass so she can have it all. Her brother's g/f was talking her plans of big money dreams. not so far off since nobody can prove they're robbing the entire trust.

Asked on 1/09/08, 6:29 pm

2 Answers from Attorneys

Mitchell Roth MW Roth, Professional Law Corporation

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Re: trust (CA)

If you don't protect your rights no one will. The law requires the trustee to produce the trust agreement to all interested parties, as you would be as a potential heir. She may be operating with an invalid amendment or even contrary to the trust terms. If you don't sue, you lose. It's up to you. It is not possible to take these cases on a contingency basis. You must take the risk of legal action. That being said, how do you know any property is in trust? Have you done a search of the land records in any county in which your uncle would have owned real estate?

You can also, and probably should, file for letters of administration to probate the estate. That will give you the legal power to collect and marshall all assets in his name and litigate and determine where they should go according to his will if he had one, or according to the laws of intestacy.

Answered on 1/09/08, 8:55 pm

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