Legal Question in Wills and Trusts in California

My parents are both alive and told me that Im listed as the trustee of their living will but they wont share any details with me. Im concerned my father will die and my mother will change things and I will never know my fathers wishes. What information do I have a right to know as trustee before either parent dies?


Asked on 11/30/09, 5:57 pm

2 Answers from Attorneys

Michele Cusack Pollak & Cusack

None. Depending on how the trust is structured, a part may become irrevocable when the first spouse dies; if so, the remainder beneficiaries must be noticed and can request a copy of the trust. If not, you will not be legally entiiled to see it until after both of your parents die.

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Answered on 12/05/09, 7:44 pm
Jonathan Reich De Castro, West, Chodorow, Glickfeld & Nass, Inc.

While your parents are alive, you don't have any right to see their estate plan and unless the plan is irrevocable, and it does not sound like it is, they can change it while they are alive. The best thing you can do is try and find out who the lawyer is who prepared their estate plan so that you have some means of finding out the original plan after both of your parents have passed away.

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Answered on 12/07/09, 12:22 pm


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