Legal Question in Wills and Trusts in California
Rights to copy of Will & Trusts
I am the only legal son of a decreased father. I know i am acknowledged in the will but my mother(she now claims that there is on mother and son relationship) refuses to provide me a copy of it. Also there is a living trust for both husband and wife, which also I am not allowed a copy.
I was told sometime ago that I was one of the trustees of the trust but am aware that I have been replaced verbally.
Am I legally allowed to ask for a copy of the will and trust and if not the current trust since I have been removed could I claim for a copy of the original trust?
My attorney contacted my mother's attorney and they he said that I am not in the trust, hence I will not be getting a copy and as for the will, I will only get a copy thru probate. My father has now passed away since Mar 12, 2004 and till today no probate has began. IF they do not have a probate for sometime, am I to sit in the dark without any recourse?
2 Answers from Attorneys
Re: Rights to copy of Will & Trusts
You can force a probate yourself, which may be necessary if she does not file. Also, as an intestate heir of your father, you are entitled to a copy of the trust when any part of it becomes irrevocable--this depends on the trust your father had. I'd see an attorney to pursue this further, as your mother's attorney's answers are not legally correct and there may be something worth looking into.
Re: Rights to copy of Will & Trusts
Again, I say to you as I say to numbers of other people who write into this site, get out of your chair, turn off the monitor and now get into the car and go to an appointment you've scheduled with an attorney who has an expertise in probate/litigation. You see why you do nothing there are ways of getting information, purely legal that your mother cannot avoid. The Mets discussed all of the facts, as well as the emotions and relationships with the attorney so that you are aware of what will happen in the future, or what very likely might happen so you're prepared for it, accepted and will deal with it while protecting your own rights. You can do anything by yourself and you should realize that. If you can't figure out what to do you don't know how to do it when you are told to so let the attorney who you pay do it for you.I have been practicing law in this legal area for over 30 years and understand your problem well. I practice in the S.F. Bay Area and if you wish to contact me call at 925-945-6000.
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