Legal Question in Wills and Trusts in California

trust

my mother died this last january before she died i took her to a lawyer and she made aliving trust

went it came in the mail my mom had me read it, and i did , i had agreed to let my sister be the trustee and after i read it my mom said that all seem fair i told her it seem real fair, becuse she wanted all the kids to share in the decision of the property and if we couldn't come to a decision the my sister would have a exater vote being there are 4 kids after my mom pasted away my sister fill a wiill that has the same date as the living trust , i know it is a false will becuse am the only kid that was around a the time she had the trust draw up so it was inpasable that she would send $1,500 on a trust then make a will dated the same day the trust was made up . the trust she came up with is nothing like what i read , the layer handle the probate is the same layer handle a civil sute my mom wanted to go all the way to trial so my sister was named in the sutie along with my mom . my sister has not done one thing that i remeber the trust called for , i want a copy of his can i suepena him to release acopy to me so i can take action on the trustee


Asked on 10/15/07, 1:59 am

1 Answer from Attorneys
Mitchell Roth MW Roth, Professional Law Corporation

Re: trust

First, it is common to have a will simultaneously with a trust. That will will pour over assets in your mom's name into the trust. It requires a probate to do this. Signing a trust does nothing if the Trustor (your mother) doesn't transfer her assets into the name of the trust. This is by far the most common mistake people make.

You can appear in the probate as a party and get a copy of the will and ask the judge for an order requiring that a copy of the trust be produced.

You should probably hire a lawyer, since I judge from your question and your apparent lack of sophistication in these matters, that you will require assistance.

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Answered on 10/15/07, 2:19 am


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