Legal Question in Wills and Trusts in California
who insures that trust documents are not altered ?
Due to some questionable tactics, by the family of the deceased, I am unable to be sure my inheritance is being properly fulfilled by the trustee. They refused to tell me who the attorney of record was.
I had to go down to the courthouse in Oakland to find that out, and when I asked him what I needed he was vague and it made me question what was going on.
This lawyer is in another city and I want to see a copy of the trust document. I know I can request a copy by law, but I would feel better getting it from an independent source and not from him. He could send me an altered document and I want to be sure I am seeing exactly what the deceased had put down. I am unclear as how to do this, or if it is possible. I know I can obtain a copy from the court, but my question is, was the trust document recorded in the court or somewhere official before the deceased died so as to retain the integrity of the wishes of the deceased. Or did the trust remain in the Lawyer's office until she died, and then given to the court ? Could a false copy be made to hide my claim ? Where is the insurance that I am not being kept from knowing the true terms of the trust ? Thank you.
5 Answers from Attorneys
Re: who insures that trust documents are not altered ?
If you feel that fraud is a possibility, you may do well by obtaining representation to look into the matter. Please call me directly at (619) 222-3504.
Re: who insures that trust documents are not altered ?
With a trust, there is no requirement to file a copy in court. Even for a Will, the Will need not be filed until after death. So, unless the trust was prepared by another attorney or trust service who still have their records, the only source of the trust document is the attorney. At least get it, and then determine if you can find another copy somewhere. Sometimes, decedents give a copy to their banker, or to a title company if they purchased property, or a successor trustee, etc.
Re: who insures that trust documents are not altered ?
Lots of questions. The bottom line is, if you were named as a beneficiary, even for only $1, you are entitled to a copy of the trust. Tell the attorney to fork it over, or you will request an order from the court to compel production of the document.
Re: who insures that trust documents are not altered ?
You don't have insurance, really, except that attorneys have a lot to lose by falsifying documents and so I would have more confidence if it came from an attorney. There may also be other copies floating around to compare it.
Re: who insures that trust documents are not altered ?
If you feel uncomfortable approaching the attorney or don't trust him, then hire yiur own attorney to represent only you and he'll be able to tell you if the trust has been altered. It sounds like you might need representation in the administration of the trust.
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