Legal Question in Wills and Trusts in California

Father died a few months ago. Mother still alive and there is a trust set up. Are children who will inherit after mother passes entitled by Calif. law to a copy of parents' trust now that father is gone? If so, and I contact the trust attorney to get a copy, is he obligated to provide it?


Asked on 10/01/15, 6:41 am

2 Answers from Attorneys

Charles Perry Law Offices of Charles R. Perry

You are not entitled to a copy of the trust at this time, unless the trust document states that you are to inherit something immediately after your father passed away. If your right to receive an inheritance from the trust matures only after your mother passes away, you are not entitled to see the trust at this time.

The attorney will likely review the trust upon your request, and will provide you with a copy only if you are legally entitled to it or if she obtains permission from your mother to do so.

Read more
Answered on 10/01/15, 7:12 am
Len Tillem Tillem McNichol & Brown

Just to amplify Mr. Perry's response - if part of the trust became irrevocable as a result of your father's death, such as the case with an A/B trust, you are entitled to a copy of the trust, even if you are not a beneficiary, as you are your father's child, and your mother has to give you notice under Probate Code section 16061.7.

However, if part of the trust did not become irrevocable on your father's death, then you aren't entitled to a copy of anything.

Also, keep in mind that even if it's an A/B trust, your mother can certainly disinherit you from the A trust if you annoy her too much, so tread lightly.

Read more
Answered on 10/01/15, 9:29 am


Related Questions & Answers

More Probate, Trusts, Wills & Estates questions and answers in California