California  |  Wills and Trusts

Legal Question

Asked on: 2/11/10, 3:00 pm

Can I obtain a copy of a Family Trust and Will if my mother has already passed away and my father has become incompetent and my sister has taken over as Successor Trustee?

1 Answer

Answered on: 2/17/10, 4:17 pm by Aaron Feldman

If you are a beneficiary and the trust has become irrevocable, then you are entitled to a copy of the Trust and periodic accountings (among other things). If your father had the ability to amend or revoke the trust but has become incompetant, then he probably no longer has capacity to amend and your status as a remainder beneficiary (assuming you are) would become set. If your sister was named the successor trustee then she should be providing you with the information you are requesting. You should discuss this with an attorney in greater detail.

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