Q: dad past away 2 years ago and my sisters won’t show me his trust . How do I get a copy to see if he left mecanything ?

Just need to know if he left me anything n my oldrsisrers are not telling me

1 Lawyer Answer
James L. Arrasmith
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
  • Estate Planning Lawyer
  • Sacramento, CA
  • Licensed in California

A: In California, if you believe that you may be a beneficiary of your father's trust, you have the right to obtain information about the trust and its terms. Here are a few steps you can take to try to obtain a copy of the trust:

1. Request a copy from the trustee: The trustee (which may be your sisters) has a legal duty to keep beneficiaries informed about the trust and to provide them with a copy of the trust document upon request. Send a written request to the trustee asking for a copy of the trust.

2. Consult with an estate planning attorney: If the trustee refuses to provide you with a copy of the trust, consult with an estate planning attorney who can advise you on your rights and help you take legal action if necessary.

3. File a petition with the court: If the trustee continues to refuse to provide information or a copy of the trust, you can file a petition with the probate court to compel the trustee to provide the document. This is called a "Petition to Compel Disclosure of Trust" under California Probate Code Section 17200(b)(7).

4. Obtain a court order: If the court finds that you are entitled to a copy of the trust, it will order the trustee to provide you with one.

Keep in mind that if your father created a revocable living trust, it became irrevocable upon his death, and the terms of the trust will govern the distribution of his assets. If you are not named as a beneficiary in the trust, you may not have a legal right to inherit any of the trust assets.

If your father did not have a trust and died without a will, his assets would be distributed according to California's intestate succession laws, which prioritize distribution to spouses, children, and other relatives.

1 user found this answer helpful

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.