Dayton, OH asked in Estate Planning for California

Q: How do you find the current status of a trust? And do I have any right to contest it?

In the late 70s or early 80s, my father told me that I was sole trustee of my parents living trust, and everything should be split equally between my brother and myself. I never saw that trust. In 2002, after years of my father's Alzheimer's (I have no medical records), my mother (and he) made a trust, with both my brother and myself trustees, amended with their wish to have my brother live in their home for at least five years following their death before the home is sold. I received a copy. 6 weeks after my dad's death, in 2006, my mother wrote to me that I should "toss" that trust, as she was planning on changing it again. I never received anything. My mother is 90 and her health is in great decline. I'm not sure where I stand or if I am any part of it.

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1 Lawyer Answer
Jeffrey Louis Gaffney
Jeffrey Louis Gaffney
Answered
  • Estate Planning Lawyer
  • Carlsbad, CA
  • Licensed in California

A: Well the problem is two part.

You have no rights at all to see your mother's new trust while she is alive. Upon her death then you will have the right to see it.

The other problem is that your mother probably had no right to change her trust after your dad died. In those old trusts, his half of the estate would have become frozen as an irrevocable trust and just held for mom's benefit during her life. She would probably have had no control at all over his assets. You really need to look at that old trust to see what it said (it may have just left everything to mom, but probably not).

Nina Whitehurst and James Edward Berge agree with this answer

1 user found this answer helpful

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