QUESTION
How can I get a copy of my recently deceased father's trust?
Asked on Apr 15th, 2013 on Trusts and Estates - California
More details to this question:
My father was widowed with children when he married another women (twice divorced) with her preexisting children. He was financially well established and a a family trust was made since they had a blended family. (I don't know the exact type and was never given a copy, but am certain that I am named and probably a rightful beneficiary). He died 1/25/13. She has always been contentious and dishonest, especially concerning finances, and has ignored my request (per certified mail) for a copy of the trust. How can I obtain a copy of the trust?
1 ANSWER
That is too bad you find yourself in this position. You may, or may not, be entitled to a copy. It's hard to know. If the trust became partially irrevocable at your dad's death then you would be entitled to a copy of the portion that became irrevocable at his death. This is a common way of setting up a trust in a blended family. You thus would make a request pursuant to California probate code 16060.7. Actually mention that probate code section in your letter. This assumes the wife lives in California I might add. If that doesn't work then you could file a petition in the probate Court in the county she resides asking for a copy pursuant to this code section. For this you would likely want to hire an experienced probate attorney. Good luck! -John
Answered on Apr 16th, 2013 at 10:19 AM