Legal Question in Wills and Trusts in California

Ask him for a copy of the trust (in writing- you are entitled to it), and have a lawyer review it. T

First, please accept my condolences on your father's passing.

I sounds like your father created a trust and pourover will. A few thoughts:

First and foremost, if you are supposed to receive money under the trust, whether you are entitled to receive it now or in the future, you are what is called a beneficiary. As a beneficiary, you are entitled to receive a special kind of written notice from your uncle that notified you among other things that you have a legal right to a full and complete copy of the trust and will. You should have received this notice within 60 days of your father's death.

If you do not have a copy of the trust and will, ask for them, and any amendments and codicils your father might have created, in writing. Once you receive them, take them to a trusts and estates lawyer to review these papers and explain your rights to you. If you do not receive the trust, will, etc. within a week to 10 days after your uncle should have received your letter, you should consult with a trusts and estates lawyer.

I recommend that you not wait any longer. Let me know if I can be of help. Best of luck,

Roberta Avrutin, Esq. 323.653.3900 ext 115

I agree, as a beneficiary, you are entitled to a copy of the will, trust and any amendments. You may also be entitled to a yearly accounting of the assets and how they are being spent or invested.

Good luck!

I am sorry for your loss. As the others have said, as a beneficiary you are entitled to copies of the will and trust. You are also entitled to a a Notification by Trustee which must set forth certain pertinent information.

Most trusts do specify an age for a beneficiary to receive outright distribution from the trust. It is not unusual for that age to be 25. You need to have a copy of the trust, of course, in order to verify what your uncle has stated. Also, you are also entitled to demand an accounting of trust. The accounting must be done at least once a year until the trust is terminated. This does not mean that you have to wait a year in order to receive the first accounting, though. The trustee (your uncle) will need to provide on within a reasonable time. By receiving the yearly accounting, you'll be able to ensure that your uncle is acting properly as the successor trustee. When you receive a copy of the trust, you should have an attorney review it. Often times, even if you are not entitled to receive your entire share until age 25, you may be entitle to receive certain distributions at certain intervals (such as once a month or once a year). If your uncle refuses to provide you with copies of your father's trust/will, then an attorney can assist you with obtaining them for you, as well.