Legal Question in Wills and Trusts in California
My brother and I are co-beneficiries in our parents trust which is worth multi-millions. My brother is trustee. Our remaining parent died 4 mos ago. I have asked my brother for a copy of the trust which I have never seen, but which he helped our parents set up over 20 yrs. ago. I have asked 4 times, but He refuses to give me a copy of the trust. Is he breaking the law by his refusal to give me a copy of the trust? I am 75 yrs. old, and of sound mind, and feel like I am at his mercy. It sickens me to even think of a law suit just to obtain a copy of the trust. At the same time, this behavior does not seem to be right or just. What are my options?
2 Answers from Attorneys
Sorry for your loss.
Under the California Probate Code there are provisions which require a trustee to give a copy of a trust to all the named beneficairies and all the heirs of the decedent. The Code also provides that the attorney fees for the person requesting the copy of the trust are to be paid by the trustee if the trustee refuses to provide a copy. Typically, a letter written to the trustee demanding a copy of the trust and citing those Code sections is enough for them to act without having to go further. Those Code sections are Probate Code Sections 16061.7 and 16061.9.
The time for providing beneficiaries of the trust a copy has passed, so the Trustee is not performing his duties properly. If he continues to refuse to cooperate, then that could be grounds for removal. If he is not able to perform the tasks required of a trustee, perhaps a neutral private fiduciary can be agreed upon to take over. There are any other tasks that the trustee should be doing, including obtaining a Tax ID # and starting the time running for potential creditors claims. Best of luck to you.
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