Legal Question in Wills and Trusts in California

trust
When my father passed in teste 5 yrs ago, 4 siblings (stupidly) signed his house and all assets to his new wife - thinking those would be his wishes. She made a will giving all to us upon her death. After two years she sold the home promising the profits to us. Instead she ''loaned'' the money to her daughter for a down payment on a home. At that time she said she did a trust so ''you'll get your money when I am dead.'' She passed 5 months ago and the daughter who ''borrowed our money'' is executor and says we are not in the trust and she knows nothing about the money we are owed. We have asked for a copy of the trust and she will not provide it. Is there anyway to get a copy of the trust? (p.s. the first will is no where)

Asked on 1/31/08, 7:02 pm

2 Answers from Attorneys

Mitchell Roth MW Roth, Professional Law Corporation

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Re: trust

Yes. You can hire a lawyer who will send a letter citing the law requiring that a copy of the trust be given. Failing that, you can file an action for an accounting and she will have to appear in the lawsuit and reveal the terms of the trust. It is possible that there is a trust document that cuts you out, but that is invalid. You also seek to judicially impose a constructive trust or an equitable lien for value of the inheritance from your father you "foolishly" gave up.

Answered on 2/01/08, 1:46 pm

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