father died..he has a living trust, however i am not the executor of the trust. do i have a right to receive a copy of this document? my father died in california and made a friend the executor and beneficiary according to her.
Asked on 4/17/11, 11:44 am
3 Answers from Attorneys
Deborah Barron
Barron Law Corporation
If they refuse to provide you with a copy you will have to file an action in the probate court to get a copy. If you believe that the friend may have used undue influence in order to be named the beneficiary you can contest it in court on that basis. Let me know if you have any further questions. deborah.barron@lawbarron.com
http://www.lawbarron.net
Answered on 4/17/11, 12:23 pm
Michele Cusack
Pollak & Cusack
You do have a right to ask for a copy, as "heir at law" even if you are not a beneficiary.
Answered on 4/17/11, 2:00 pm
Kurt Seidler
Law Offices of Kurt A. Seidler APC
Another thought- there may be assets he owned at the time he passed that were not part of the trust. You would have to file a petition for letters of administration, serve the trustee of the trust with a subpoena, and force the issue.
Answered on 4/17/11, 7:52 pm
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