Garden Grove, CA asked in Probate for California

Q: My brother died 4/2019 his wife POA there is a living trust and will wife refuse to share with his family. Options avail

My brother left 3 kids, grandkids, mother. Property joint ownership with wife. Wife not cooperatve with my family. My brother verbally expressed before his passing that his family would be taking care of.

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2 Lawyer Answers
Richard Samuel Price
Richard Samuel Price
Answered
  • Probate Lawyer
  • Redlands, CA
  • Licensed in California

A: You would have an attorney draft a demand letter to get a copy of the trust. If she doesn't produce it, then you would sue her in probate court for a copy of it, to remove her as trustee, and for breach of fiduciary duty.

Genene N. Dunn
Genene N. Dunn
PREMIUM
Answered
  • Probate Lawyer
  • Tustin, CA
  • Licensed in California

A: The wife's rights depends on her relationship to the other family members mentioned (are they her kids too?). Also, it depends on whether his assets were community property assets or separate property assets and what the trust says. If the children are adults, they will have more rights as you as a sibling have almost no rights. At a minimum, the children should be able to force her to give a copy of the trust with a demand letter and/or trust petition if the demand letter does not work.

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