Legal Question in Wills and Trusts in Washington

Family Trust/Probate

My Father passed away 2003,step mom passed 2008, step mom's attorney said nothing was left to my fathers 7 children. The real property is in a Family Trust which step mom's attorney say's ''we cannot take instructions from, give client information out, or supply copies of any documents to anyone other than the client''.I want to see the trust and it's instructions and would also want to see any and all probate records from both my fathers and step mom's. My father's will and last testament states ''following the death of my spouse the trustee shall distribute the trust estate as then distributed equally among MY children''. How do I get these documents?


Asked on 6/22/09, 11:24 pm

1 Answer from Attorneys
Donald Scher Donald T. Scher & Associates, P.C.

Re: Family Trust/Probate

You can bring an action in the probate division of the superior court in AZ and seek distribution of the trust according to its terms. If all of your father's assets were in his trust, then there may have been no probate proceedings. If the trust was created by your father's last will, then there would have been a probate and the will should be public record. You haven't said where he died, where he resided and where the real property was located. You haven't said when she died, where and where the property is located.

You will get more cooperation from the step mom's attorney if you are represented by counsel, because then they know you can bring a suit. Plus, you must take action immediately given that step mom died in 2008. You can get the documents by formal proceedings, a law suit, or informally by asking the step mom to satisfy your demand to know if your father changed the terms of his trust or his will or what documentation was in place at the date of his death.

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Answered on 6/23/09, 12:34 am


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