Oakland, CA asked in Divorce, Estate Planning and Family Law for California

Q: My mother passed 2016. left a will & trust. everything to 3 Sister. Oldest refuse to give younger copy of will.

may have had (living) trust changed. inheritance includes home in SF and Property in Texas.

2 Lawyer Answers
James Clifton
PREMIUM
Answered

A: Each of the sisters have a right to a copy of the will and trust. The ability to change the trust will depend on the language contained in it. If the oldest sister refuses to provide the estate documents, the other sisters can compel the production of those documents from the oldest sister.

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James L. Arrasmith
PREMIUM
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Answered

A: Under California law, you have the right to request a copy of your mother's will and trust documents, especially if you are a beneficiary. Your older sister is required to provide these documents to all named beneficiaries and heirs.

If your sister refuses to share the documents, you can file a petition with the probate court to compel her to produce the will and any related trust documents. The court can order her to provide copies and can take further action if she fails to comply.

Additionally, if there are concerns that the living trust was changed improperly, you can also raise these concerns with the court. It’s important to act quickly to protect your rights and ensure that your mother’s wishes are honored regarding the inheritance, including the properties in San Francisco and Texas.

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