California  |  Wills and Trusts

Legal Question

Asked on: 9/04/13, 12:28 am

My brother passed away in California August 2013. He has three children by a former marriage. His current wife refuses to show the Trust Documents and Will to these children.

Q. Under California Law is she required to show them these documents?

3 Answers


Answered on: 9/04/13, 12:40 am by Charles Perry

That depends on the contents of the trust document. The controlling law is Probate Code 16061.7, and much depends on whether the trust is now irrevocable.

If the trust became irrevocable upon the passing of your brother, then the children are entitled to a copy of the trust document. They may wish to retain counsel to enforce their rights here.

Note also that this answer assumes the trust is governed by California law.


Did you find this answer helpful?

0 Users found this answer helpful.

0 Attorneys agree with this answer.


Law Offices of Charles R. Perry 1500 Bayberry Street Hollister, 95023

Other answers from this attorney

Answered on: 9/04/13, 6:50 am by Anthony Roach

I say yes, given what you have provided and the terms of Probate Code section 16061.7.


Did you find this answer helpful?

0 Users found this answer helpful.

0 Attorneys agree with this answer.


Law Office of Anthony A. Roach 9909 Topanga Canyon, Ste.313 Chatsworth, CA 91311

Other answers from this attorney

Answered on: 9/04/13, 10:19 am by William Christian

I agree. She should, in general, be providing a notice of the right to obtain a copy of the trust. You likely need to engage counsel to send her a letter.


Did you find this answer helpful?

0 Users found this answer helpful.

0 Attorneys agree with this answer.


Rodi Pollock 444 S Flower St Los Angeles, CA 90071

Other answers from this attorney

Didn't find what you were looking for? Ask an Attorney!

Get answers from the top Attorneys
Ask Question

70 Answers given in the last few hours.

86611 Active attorneys ready to answer your question

Search Past Answers:
  Advanced Search