QUESTION

What recourse do I have if I have not received a copy of the trust and he has cut everyone off?

Asked on Jul 24th, 2017 on Estate Planning - California
More details to this question:
My mother passed away recently and while she was very sick, he got her to transfer all of her assets to a trust which he solely controls and now he's trying to sell her house.
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3 ANSWERS

Taxation Law Attorney serving Glendale, CA at Irsfeld, Irsfeld & Younger LLP
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"he" is statutorily required to give you a notification within 60 days after death. "he" is statutorily required to give you a copy of the trust instrument upon request. You can file a petition in order to force "he" to comply. You can file a petition in order to challenge the trust.
Answered on Oct 08th, 2017 at 12:29 AM

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Edwin K. Niles
If you are a beneficiary, you are entitled to a copy of the trust. You should see a lawyer experienced in trust litigation.
Answered on Oct 05th, 2017 at 5:28 PM

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First, find out from the County Recorders Office whether there was, in fact, a change in ownership to the Trust. Contact her physician and see if they feel she was mentally competent around the time of the transfer.Then write the realtor handling the sale and tell them you do not know but there may be a problem with the sale of the property as you have not seen a copy of the Trust and have no idea whether the Trustee has the legal right to dispose of the property. Do not claim to know anything about the power to sell as that might give him a cause of action against you [that is why you do it in writing as it shows exactly what you did say].At the same time, tell him [what is his relationship to your mother] you believe you might be a beneficiary of the Trust so you need a copy or you will presume that you are and will move to stop the sale. Then you can re-post again as to what the exact present situation is.
Answered on Oct 05th, 2017 at 7:58 AM

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