Legal Question in Wills and Trusts in California
In regards to Legally Binding Documents such as Wills & Trusts, I have a question in how it applies to California for City Police Departments (Oakland)... It is my understanding that when a homicide occurs, for personal properties that were on the victim or booked/ processed into evidence/ storage, when items are released, the Police Department contacts the next of kin (Spouse, Siblings, Children, etc)..
However, if a Trust was turned into the police department in the beginning of the investigation, with formal & direct notification of the Executor of the Trust (Trustee) with documentation to confirm as well as the attorney's information, Is the Police Department obligated/ required to honor the Legally Binding Document (Trust) as it supersedes normal protocol? If so, where can I find confirmation of this information in writing/ documented?
I have asked this question to the City Attorney, directly and they are refusing to answer and cooperate...
1 Answer from Attorneys
Having been a deputy city attorney a few decades ago, the lack of response does not surprise me. The police department has a book full of rules and procedures which should state what was supposed to be done. If he is still there, write Randolph Hall who is in charge of the litigation unit and probably the number two attorney in the Office that you need a copy of the pertinent written rule and if the city does not supply it or a paraphrasing of it then that leaves you no choice but to file a claim against the city and then a lawsuit, as your position as trustee requires you to do so. If that fails, file a Claim [get from the City Clerk's Office], ask one of the police deputy chiefs, the Mayor, etc. Point out that the City may be violating the law and creating the need for a lawsuit.
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