Auburn, WA asked in Estate Planning for California

Q: Brother is dad's executor. Won't send Trust or Will copies. Can attorney who wrote them (not involved now) send them?

Dad passed away recently.

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2 Lawyer Answers
Jackie Marie Howard
PREMIUM
Jackie Marie Howard
Answered
  • Estate Planning Lawyer
  • Roseville, CA
  • Licensed in California

A: My condolences for your loss. Under California law, the Successor Trustee is required to send the heirs and trust beneficiaries a copy within 60 days of the trust becoming irrevocable (i.e. the death of the creator of the living trust). Seek counsel if your brother won't comply. Sometimes it just takes an attorney's demand letter to solve it.

Julie King
Julie King
Answered
  • Estate Planning Lawyer
  • Monterey, CA
  • Licensed in California

A: Your dad’s lawyer can only send you a copy of the documents if, before your father passed, he signed something authorizing his lawyer to do so. You can give that a shot. But your brother is required by law to give you a copy. Hire a lawyer to send a demand letter to your brother. If that doesn’t work, you will need to go to court to force him give you a copy. Best wishes.

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