Legal Question in Wills and Trusts in California

Who gets copy of the will?

Husband is very sick at home. Wife is taking care of him and has medical POA for health care. Son wants copies of father's trust and will since he will be the executor of the estate once father passes. Is wife legally obligated to turn over the papers while husband is still alive?


Asked on 9/26/07, 1:50 pm

2 Answers from Attorneys

Jeb Burton The Burton Law Firm

Re: Who gets copy of the will?

If the trust is revocable, no most likely she does not have to turn it over. If for some reason the trust has become irrevocable, and you are the trustee, then you should be given a copy of it.

The will she definetly does not have to turn over to you until after her husband passes away.

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Answered on 9/26/07, 1:57 pm
Mitchell Roth MW Roth, Professional Law Corporation

Re: Who gets copy of the will?

No. The husband though very sick may still want to make changes prior to death and is entitled so long as he has sufficient mental competency. To avoid fights and disputes about the validity of the documents, I suggest the husband give a copy to a disinterested third party, and advise that third party that if he makes any changes before death he will be sure to notify that person. This way, it will be difficult for anyone to assert that the documents have been doctored before or after Husband's death in a fraudulent way. Especially if there are substantial assets involved.

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Answered on 9/26/07, 2:57 pm


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