Legal Question in Wills and Trusts in Oregon

Re: Oregon & California Trustee Duties to Heirs

Not having seen the trust document, or knowing any of its details, I can only give a general response. Usually the trust is governed by the laws of the State in which the Settlor(s) resides. However, laws differ from State to State and when a Settlor moves, the law applicable is usually changed to the State of new residence, unless there are reasons not to do this. Unlike a Will that gets probated when a person dies, a trust does not go through probate. Thus, it is not a public document that one usually has a right to see. The only persons usually given a copy are the Settlor, the Trsutee and a named beneficiary. If you are not named, you are usually not entitled to a copy. Thus, the ability to contest the trust or receive an accounting is very difficult. You do not say when your father died (my condolences), and if a Will was probated? If so, this may give you some information as to whom to raise questions, by asking the Surrogate where he died if there was a Will. Not being advised of the probate implies there was no Will. You may have to sue your step-mother to get more information.