Legal Question in Wills and Trusts in California

How can I get a copy of parents Living Trust

Parents set up Living Trust. One parent passed away over a year ago. My sibling has power of attorney for remaining parent. My parents HAD a large amount of money, now it sounds as if there is almost nothing left. Sibling who has POA says there is no copy of anything anywhere. What can I do to get a copy of the trust? Does there also need to be a will? How would I get a copy of it? Is there a way for me to find out the name of the attorney who wrote it? What should I do?

Thanking you in advance for your time and info.


Asked on 5/19/04, 8:41 pm

3 Answers from Attorneys

Scott Schomer Schomer Law Group

Re: How can I get a copy of parents Living Trust

Make a demand for the records. If your brother has been acting under a power of attorney, he can be held to account. Find a probate attorney to help you if you don't get anywhere with him.

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Answered on 5/19/04, 8:55 pm
Michael Olden Law Offices of Michael A. Olden

Re: How can I get a copy of parents Living Trust

You are not in a unique position but you have one of the most difficult of tasks. First of all wells are to be filed with the Superior Court in the county in which the decedent lived at the time of death. That is to be done and within thirty days in the data death. If no one can find the well hopefully you know the attorney who drew the will of the trust. There are other means defining at exactly what was in the assets of the decedent as well as while you're sibling has a power of attorney. Don't do this would think you can do this by yourself you need someone who is trained, experienced and knowledgeable about things like this. You need an attorney who understands probate/estate planning/real estate. You need someone to help direct you but more important to work for you. You need someone to go into court on behalf of your mother, yesterday, and set up a conservatorship where the courts can make sure nothing is happening that is considered elder abuse. Your brother might have done some elder abuse but you have no proof and proof is the essence of the claim. Condone an attorney immediately, sit down with the attorney and tell him/her all of the facts. Yet all the paperwork you can for them immediately and continuously and make their jobs easier to protect your mother as well as your own interests.I have been practicing law in this legal area for over 30 years and understand your problem well. I practice in the S.F. Bay Area and if you wish to contact me call at 925-945-6000.

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Answered on 5/19/04, 9:26 pm
Scott Linden Scott H. Linden, Esq.

Re: How can I get a copy of parents Living Trust

Sibling must have copy, because this is what gives him authority to act.

There are many major issues here, it is my STRONG recommendation that you contact our office immediately, we have many years of trust experience to assist you.

We can be reached at (626) 578-0708 or online at www.No-Probate.com.

You ARE in need of legal help and this is one that you SHOULD NOT attempt alone.

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Answered on 5/24/04, 3:50 pm


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