Q: Do I have a right to view my parents family trust when one of them dies?
My mother died recently and my father claims she left me nothing. She gave me a signed copy of her California statutory will under the portion Balance of Assets she signed in the box I leave nothing to my spouse all to my decedents. As well as me as the executor. As well as a letter explaining that the decision was Incase he did not carry out her wishes. My father had a lawyer draw up a contract essentially me giving up my rights in exchange for her will and to give up all rights and claims to her estate. He has not lodged her will for obvious reason it was not in favor of him. I know from what my mother told me and showed me before her death that I stood to inherite more then what I’m getting.
The real question is am I entitled to see there trust now that she is passed and what steps can I take with out Breeching the contract.
A: Under California Probate Code section 16061.5 the trustee has to provide all the heirs and beneficiaries a copy of the Trust. You should demand a copy in writing and if he refuses then it is time to go see a judge.
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A:
It depends on the terms of the trust. If it was a separate trust then it became irrevocable when your mother died and you are entitled to a copy. An attorney can help you send a demand letter.
If it was a joint trust with your dad then it might be irrevocable in part or in full or it might still be fully revocable.
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