Legal Question in Wills and Trusts in California

If my sister in law won’t give me a copy of my late brother’s trust, how may I get it?

Asked on 6/09/21, 10:25 pm

1 Answer from Attorneys

Timothy McCormick Haapala, Thompson & Abern, LLP

You don’t have a legal right to it unless you are a beneficiary or would be an heir if he died intestate. Since he has a living spouse you aren’t an heir. So you have a bit of a catch-22: you have to be a beneficiary to have a legal right to see it, but how do you prove you’re a beneficiary if you can’t see it. The answer is you need enough outside evidence to make it at least probable enough that you are named as a beneficiary to persuade a judge to order her to submit it to the court for review to determine if you are in fact a bene. If you don’t have evidence showing probable cause for the court to believe you may be a bene., you are out of luck.

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Answered on 6/14/21, 7:33 pm

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