Legal Question in Wills and Trusts in California

wills and estates

father died trust goes to mother as the oldest daughter do i have the right to get a copy of the living trust will? how do i get one.


Asked on 1/18/07, 4:22 am

3 Answers from Attorneys

Jennifer Sawday Tredway, Lumsdaine & Doyle LLP

Re: wills and estates

If your mother is still alive and well, you may not have a right to request a copy of the trust. If you are named as a beneficiary to receive a portion of your dad's estate directly upon his death, you may have the right to request a copy of the trust. This is because your mother may be the sole beneficiary while she's alive or it may be a trust that was set up by the both of them.

So it depends, but based on the facts you stated above -- probably not. Please seek the advice of an attorney if you are concerned or have additional questions.

I hope this helps.

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Answered on 1/18/07, 2:14 pm
Vandad Moheban Moheban Law Firm

Re: wills and estates

Being the oldest daughter or any person named as a beneficiary, does not entitle a copy of the trust to be provided until the death of the last surviving settlor. In order to best address the issues presented in your inquiry, our office would be happy to provide you with a free 30 minute telephone consultation. Please feel free to contact our office, toll free, at 1.877.MOHEBAN. Ask for Vandy Moheban, Esq. www.lmapc.com

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Answered on 1/24/07, 12:39 pm
Linda Cuny-Smith Law Office of Linda M. Cuny-Smith, PC

Re: wills and estates

Generally, if you are not entitled to a distribution at your father's death, you would not have a right to receive a copy of the living trust. However, as circumstances may vary this answer, please seek legal counsel to determine your rights in your situation. -- Linda

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Answered on 1/18/07, 11:48 pm


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