Q: I need a lawyer but not sure what kind that I need! My step dad just passed away and Put me in his will
I contacted the lawyer and was told my brother is the successor of the trust and they would send my brother a copy of the trust and he hasn’t gave me a copy. He has asked me about the house and renting it out. Now he’s going to let people stay in it. I don’t want to Rent it or and let him have everything and run the house. I don’t know what to do. I also was told by the lawyer that if he doesn’t give them the original death certificate, they won’t file the will with the courts. My brother went to burning man and may have burnt the original there. I was hoping to at least get a copy of the will through the courts. I know dad left me half of everything but I feel like my brother just wants me to go away. Do I have any rights? Will I have to get a lawyer in the city that my dad lived?”Monterey” When dad died he had a lady living in his house. I advised my brother not to rent to her but start the process of getting her out because the house has a lot of damage from rats.
A:
Look for a probate and trust administration attorney in the Monterey area, especially one with trust litigation experience. You have the right to demand and receive a copy of the trust. You have the right to require the trustee to strictly abide by the terms of the trust and to care for and protect trust assets. If the trustee refuses to provide a copy of the trust to you, you have the right to petition the court to have the trustee replaced with someone who will abide by the trust.
If a probate is opened, you have a right to a copy of the will. If no probate case is started, you have the right to start one yourself. However, that might be counterproductive if your step dad did not have a will (or the will has been "disappeared") because you are most likely not an intestate heir under he adopted you. If in fact you were in your dad's will but your brother destroyed it, your brother has some serious liability for that. If you can find a copy of the will, you might be able to probate that, but you must have a compelling explanation for what happened to the original. Try calling estate planning attorneys in the area to see who might have a copy.
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