Legal Question in Wills and Trusts in California

If I think I may need to sue the trustees of my mother's trust in the future after she dies, what paperwork or materials do I need to be gathering now? I feel that I am being slighted by my two sisters who live in another state and I live here with our mother here in California. Now I am being told that she will be moving to be with them in Nevada. The three of them created the trust here in California, and I have not gotten a copy of said trust. She is worth about 3 million dollars, and I am looking to find out how to protect myself.

Asked on 9/29/17, 9:18 am

1 Answer from Attorneys

Aaron Feldman Feldman Law Group

You are not legally entitled to a copy of the Trust. Also, you are not legally entitled to inherit from your parents.

Does your mother still have capacity? If so, she can change the Trust after she moves.

Is she moving to Nevada so your sisters can help care for her? The best way to "protect" yourself is to stay involved and remain in communications with your sisters and your mother. There are red flags if the sisters isolate your Mom and make it hard for you to communicate and if she does amend the Trust, the circumstances surrounding that amendment may prove suspicious.

Lastly, if this Trust was created by your mother and father jointly, then it may be what we call an A/B Trust and so 1/2 of the Trust representing your father's share would be in an irrevocable Trust and could not be amended. You would be entitled to an accounting from that Trust assuming you are a beneficiary.

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Answered on 9/29/17, 9:24 am

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