Legal Question in Wills and Trusts in California

My father and his wife have a Family Trust. She passed away in July of this year and the trust was split (namely the Survivor’s Trust and the Decedent’s Trust) and her portion became irrevocable. I received a letter from the Trust’s attorney stating that, “I am entitled to receive a true and complete copy of the irrevocable terms of the Trust.” The question that I have is she has two sons (both in their 60s) and one is the Trustee. Earlier this year they convinced my dad (age 98, has Alzheimer’s) to turn over the deeds to two houses (one was designed, pre marriage) to go to me. At this point I am unable to find out where the money went. I have not requested anything yet, hoping to get some legal questions answered first. So as an heir, what financial information and what trust information can I request?

Asked on 12/04/21, 11:47 am

2 Answers from Attorneys

Aaron Feldman Feldman Law Group

It's not clear but I presume you mean turn over the houses to your brother outside of the Trust. At a minimum you are entitled to know the terms of the Irrevocable Trust and the funding of it. If a Trustee is not forthcoming with reasonable requests for information, that is a Red Flag and you should consider retaining counsel to force the issue. I handle these types of matters regularly and would be happy to assist.

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Answered on 12/04/21, 11:52 am
Timothy McCormick Haapala, Thompson & Abern, LLP

If your dad has Alzheimer's and was convinced to engage in ANY property or financial transaction, that is a sign of elder financial abuse, and the transactions are likely void. Retain counsel immediately.

(PS, I do not do that type of case; so this is not a self promotion. Get a lawyer involved.)

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Answered on 12/05/21, 11:48 am

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