QUESTION
Is it legal to just send a copy of the paragraph that pertains to the deceased’s son?
Asked on Aug 07th, 2015 on Estate Planning - California
More details to this question:
My friend's father just recently passed away. When he asked his stepsister for a copy of the trust, they said they would just send him a copy of the paragraph that pertains to him. He believes they are trying to hide something. My friend lives in another state.
4 ANSWERS
Edwin K. Niles
If you request it, the trustee must give you a copy of the trust. Probate Code 16061.5.
Answered on Aug 12th, 2015 at 5:58 PM
Trusts Attorney serving Sacramento, CA
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Law Office of Victor Waid
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Per the California probate code, your friend is entitled to receive copy of the entire trust document within 60 days of death of trustor; advise your friend to obtain the services of a trust/probate litigation attorney to represent him as a beneficiary of the trust, to make demand for a copy of the trust and determine friend's rights under the trust, and maybe seek enforcement of the trust provisions that apply to him.. DoNotDelay.
Answered on Aug 12th, 2015 at 3:14 PM
Probate Attorney serving Newport, OR
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Minor, Bandonis & Haggerty P.C.
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Your friend should send the trustee a written request for a copy of the trust. The trustee has to provide a copy of the trust. The trustee has to keep all qualified beneficiaries reasonably informed about the administration of the trust.
Answered on Aug 12th, 2015 at 12:26 PM
Taxation Law Attorney serving Glendale, CA
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Irsfeld, Irsfeld & Younger LLP
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It does not matter where your friend lives. It matters where the trustee lives and where the father lived. If in California, then he is entitled to the entire trust except any parts that remain revocable.
Answered on Aug 12th, 2015 at 10:19 AM