QUESTION
How can I receive a copy of my deceased relative's will or trust?
Asked on Apr 26th, 2016 on Wills and Probate - California
More details to this question:
My Aunt passed away on Easter Sunday. My sister was given the health directive and DNR orders. She has refused to give any information to me about a trust or will. How can I get a copy of the will or trust? Who is the executor, or attorney handling her affairs? Do I have the right to know her planned details? please help!
2 ANSWERS
3 Awards
I'm sorry for your loss. It sounds like you and your sister were close to your aunt. Hopefully, the executor is a close friend, family member, or attorney who will begin handling your aunt's estate as soon as possible.
If there is a trust, the trustee has 60 days to send notice to all heirs at law and beneficiaries. Beneficiaries are the people named to receive assets, whether related or not. Heirs at law are: (1) spouse and children; (2) if no spouse or children, parents; (2) if no spouse, children, or parents; then (3) siblings and their children.
Heirs at law and beneficiaries are entitled to receive a copy of the trust, but will often have to request it from the trustee.
As another attorney mentioned, it is quite early yet. Relax a little, mourn your aunt, and wait. If you are an heir at law, after 45 days you could begin making some inquiries if you haven't heard anything.
Answered on May 14th, 2016 at 9:56 PM
Estate Litigation Attorney serving Redlands, CA
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Price Law Firm, APC
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I'm sorry to hear of your loss. It's very early to have any activity on transferring the property of the estate. If you are an heir of a will or trust, then you are entitled to a copy of it. However, if you are not a beneficiary, then you will not receive a copy of it.
Answered on Apr 26th, 2016 at 5:52 PM