Legal Question in Wills and Trusts in California
How do I verify that a Trust is real and belongs to someone else?
I have a Tax ID # of THE Trust (1994) of a person who is deceased (2000). Assets have been dispersed. My mother bought my mobile home in the name of THE Trust and she was not passing my payments onto THE Trust. My mother is now suing me for payments and is now stating that THE Trust is also known as MOM's Trust(her own - claiming they are one & the same). How do I get info with the Tax ID # (for THE Trust)that I have. Public records?(I've searched, there is no record), Subpoena a former trustee for validation? my mother is current trustee and won't provide paperwork of its existence.
1 Answer from Attorneys
Re: How do I verify that a Trust is real and belongs to someone else?
Was the Trust under court supervision? If so, then you can go to court to look at the file, which would contain the trust document.
If it was not under court supervision, then you can make a written demand for a copy of the trust, and if not complied with, you can petition (file a case in court) for her compliance. If there is former trustee, ask him/her for a copy. You will need a pending case to issue the subpoena through.
If the mobile home is still in the name of the 1994 Trust, then that Trust has not fully disbursed. If your mother was not one of the trustors of the 1994 Trust, I'm not seeing how she can claim the 1994 Trust is the same as her own trust. More facts would be needed to clarify. It would also depend on the circumstances behind the Trust's purchase of your mobile home.
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