Legal Question in Wills and Trusts in California
Irrevocable Trust or Will
Where can i find the original will or irrevocable trust and would it be filed with the courts. The successor trustee will not give any information to us my fathers sole surviving children. thank you
2 Answers from Attorneys
Re: Irrevocable Trust or Will
If anywhere recorded it would be the County Recorders Offcies or the Attorney who drafted it
Re: Irrevocable Trust or Will
If there is a successor trustee, then there is a trust. No will would be filed anywhere unless a probate is opened. Without a will, any property not legally in the trust would be distributed through probate, in an intestacy proceeding. You can start a probate proceeding, and if necessary sue the successor trustee for an accounting and for malfeasance. Let the successor trustee know you will sue if you are not satisfied that you have a true copy of the trust agreement and an accounting for the assets in the trust.
Get a lawyer. You lawyer can likely be paid through the assets in the estate.
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