Legal Question in Wills and Trusts in California
Do trusts Have to be filed in probate.If executor will not give me a copy of how things are to be divided ,how do i retain a copy
2 Answers from Attorneys
Generally speaking, No. The purpose of a Trust is to avoid Probate. The person in charge of the Trust is not the executor, but the Trustee. You are entitled to a copy of a trust once it becomes irrevocable, assuming you are a beneficiary under the trust. Usually a trust becomes irrevocable when the parents die. It is ordinarily revocable during the parents' lifetimes. If you believe that you are a beneficiary and entitled to see a copy of the trust, then I suggest you meet with an attorney to help you. I would be more than happy to assist in this.
you should request a copy of the trust and an accounting in writing. if there is no response within 60 days you can file a petition with the superior court to compel the trustee to respond. retaining a qualified attorney will ensure that your rights as a beneficiary are protected.