Q: dad past away 2 years ago and my sisters won’t show me his trust . How do I get a copy to see if he left mecanything ?

Just need to know if he left me anything n my oldrsisrers are not telling me

1 Lawyer Answer
James L. Arrasmith
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Answered
  • Estate Planning Lawyer
  • Sacramento, CA
  • Licensed in California

A: In California, if you believe that you may be a beneficiary of your father's trust, you have the right to obtain information about the trust and its terms. Here are a few steps you can take to try to obtain a copy of the trust:

1. Request a copy from the trustee: The trustee (which may be your sisters) has a legal duty to keep beneficiaries informed about the trust and to provide them with a copy of the trust document upon request. Send a written request to the trustee asking for a copy of the trust.

2. Consult with an estate planning attorney: If the trustee refuses to provide you with a copy of the trust, consult with an estate planning attorney who can advise you on your rights and help you take legal action if necessary.

3. File a petition with the court: If the trustee continues to refuse to provide information or a copy of the trust, you can file a petition with the probate court to compel the trustee to provide the document. This is called a "Petition to Compel Disclosure of Trust" under California Probate Code Section 17200(b)(7).

4. Obtain a court order: If the court finds that you are entitled to a copy of the trust, it will order the trustee to provide you with one.

Keep in mind that if your father created a revocable living trust, it became irrevocable upon his death, and the terms of the trust will govern the distribution of his assets. If you are not named as a beneficiary in the trust, you may not have a legal right to inherit any of the trust assets.

If your father did not have a trust and died without a will, his assets would be distributed according to California's intestate succession laws, which prioritize distribution to spouses, children, and other relatives.

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