Legal Question in Wills and Trusts in California

My father died in 2003. According to his wife (my stepmother) prior to his death, a trust was set up to replace his will. This came as a surprise to me. In his will, he specified assets which were to go to his children. I saw the will. When the trust was written, my father was in the beginning stage dementia. When he died, my step mother told us her niece was named the Executor. The only thing I know about her niece is her first name. We never saw a copy of the trust and don't know if we are beneficiaries. After his death, she refused to have any kind of relationship with me or my two brothers. I was notified 6 days ago by the Public Administrators Office that on 11-14-15 she was found dead in her home and had been dead for some time. Since finding her body, it was two weeks before someone went into their home to find information regarding next of kin. They found my Father's obituary which stated he had three children which is how they tracked me down. Now, another week has passed and my step mother still lies in a morgue and will until they notify whoever is named executor or " next of kin". She had no children and has no living siblings. Is there nothing we can do to get her buried (everything is paid for and she will be buried next to my father) ? Is it possible to view the trust or get a copy? They lived in San Diego County.


Asked on 12/08/15, 10:33 am

1 Answer from Attorneys

Charles Perry Law Offices of Charles R. Perry

The children of the deceased are allowed to see the terms of a living trust and the trust has become irrevocable.

The problem you have is that you do not know the name of the niece, you cannot acces your stepmother's affairs, and you do not know where the trust is. No one maintains a central repository of wills and trusts -- each family keeps its own. You may need to hire a private investigator along with a probate attorney to assist you.

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Answered on 12/08/15, 2:18 pm


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