QUESTION

My client's father had an irrecocable trust for him that converted to a revocale trust at death. The trust was not notorized.

Asked on Oct 20th, 2013 on Trusts and Estates - California
More details to this question:
My client is having problems getting his money out of the trust. What does he have to do to get his money? The will is not being contested. The will was excecuted in California.
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1 ANSWER

Taxation Attorney serving Santa Monica, CA at Lyster, Inc.
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This is highly unusual.  Typically a revocable trust will become irrevocable upon the death of the person making the trust (the "settlor" or "grantor" or "trustor").  Whatever sort of trust it is, the trust will have a trustee.  (If there is no successor trustee named in the trust, you can go to court to have one named.)  The trustee has the power and the duty to distribute the trust assets in accordance with the terms of the trust.  If the trustee is refusing to do this, you can go to court to force him (or her) to do so.  Likewise, if a bank (or other institution or individual holding trust assets) refuses to do what the trustee demands, the trustee can go to court to force the bank to do so.  If, on the other hand, the assets are not in the trust, you may be forced into probate administration (another court procedure).
Answered on Oct 21st, 2013 at 3:22 PM

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