QUESTION

How do I go about getting access my Godfathers will?

Asked on May 13th, 2013 on Trusts and Estates - California
More details to this question:
It was clearly Know that my God father had a Savings or Trust account for me. As well as, being listed in his Will to receive a large portion of his estate.i was told by his only child, a daughter, who by the way is married to a lawyer, that there was nothing left in my account, because a debt I built up on his JC Penny's card was greater than the amount I was to receive. I find this hard to believe, as I'm sure the limit on the JCP card was not more than $1500. At the time of his death, I was under age; 16 or 17 years old.
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1 ANSWER

Taxation Attorney serving Santa Monica, CA at Lyster, Inc.
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If you were named as a beneficiary of a trust, the trustees of that trust are required to notify you of the change of status of that trust from what was (I assume) revocable during your god-father's lifetime to what is now (I assume) irrevocable.  If your god-father had a will, that was also supposed to have been filed with the court clerk.  However, many will neglect to do this if no probate administration is opened.  Bank accounts can be held in a manner that will pass to you directly following the death of the original account holder.  If that was the case, only you (or your parents or other legal guardians) should have been capable of withdrawing from such an account.  If you know the bank involved, you can ask there. Sometimes a settlor of a trust (the person creating the trust) will record a "certification" or "memorandum" of the trust.  There is nothing in the law that requires that this be done, however.  Even less often a settlor of a trust will actually record the entire trust instrument.  (Don't expect that to have happened.) Have you asked for the documents so you can see for yourself?  
Answered on May 13th, 2013 at 3:40 PM

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