Q: My mother passed 7/4/24 what can I do when the executor of the trust refuses to give me a copy of the trust

A: Not that it is important for purposes of this question and answer, but the legal term "Executor" is title of the person responsible for following the terms of a WILL. The title of a person responsible for following the terms of a TRUST and fulfilling all the obligations set by law is called a "Trustee." The roles are somewhat similar, but there is a lot more work to do with Trusts because they are generally more complex than most Wills.

Trustees are supposed to send out a Notice that gives beneficiaries and heirs at law the right to see a copy of the Trust. What most people do is hire an attorney to help them. Since you said you cannot afford to do that, perhaps there is a legal aid clinic in your area that can help by sending a demand letter to receive the formal Notice to Beneficiaries. That Notice must contain very specific legal language or it is not valid for certain purposes, so your sister likely needs to hire a lawyer if she doesn't know what she is doing. Trustees can be sued personally if they violate their legal obligations, so it is a serious job and one that people should only try to tackle without help if they know what they are doing. Best wishes.

A: I'm sorry you're going through this difficult time. Start by formally requesting a copy of the trust in writing, citing your rights as a beneficiary. Keep a record of all your communications for future reference.

If your sister continues to withhold the trust documents, contact the probate court in San Diego for guidance. Courts can provide resources or instructions on how to proceed without needing to hire a lawyer.

You might also reach out to local legal aid organizations that offer free or low-cost assistance. They can help you understand your options and take steps to ensure the trust is managed fairly. Remember, you have the right to transparency and fair treatment as a beneficiary.