Legal Question in Wills and Trusts in California
My father died in December 2016. He left a property he owned in Sunland California. I live in TN. My brother, sister and I are his only living heirs. From what I understand, he left an irrevocable trust stating all of his belongings and property were left to a step daughter. I have asked for a copy of this said trust and she is refusing to send it to me. I feel it doesn't exist. What are my legal rights?
3 Answers from Attorneys
If it was a California trust, you are entitled to a copy of the terms of the trust (which generally as a practical matter is a copy of the whole document.) Make the request in writing. If no response, have a lawyer make the request in writing. Keep in mind that you don't necessarily have any legal right to any of your father's assets.
If you are correct that there is really no trust, and there is also no will, then you and your siblings are equally entitled to share all his separate property (if any) and one half of his community property (if any).
In addition to the above, you could perform a quick property search in the county records to see if the property is owned by a trust. Most often, the search can be done online used the county recorder's website.
Related Questions & Answers
-
Can an irrevocable trust be changed at all? Asked 2/24/16, 2:29 pm in United States California Probate, Trusts, Wills & Estates
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
