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Can I make the executor of a Living Trust provide me with a copy - I'm the daughter, supposed to be in it.

Sacramento, CA |

My brother unfortunately is executor of my mother's Living Trust. Can I make him give me a copy - they stole it from my mother's house before I could get a copy. It is my understanding they had Mother sign a new Trust which omitted some of the beneficiaries she intended. Because she was legally blind at the time and trusted them, she would have just signed it. Can I make him accountable for his actions?

Attorney Answers 3


I agree with both of my colleagues. The answer to your ultimate question: "Can I make him accountable...?" depends on facts which you do not have, at this point. You need to know how the amendment was signed and what it provides. There may be issues of undue influence, fraud, lack of capacity, etc. You will need a lawyer to assist you with this, if things happened as you suspect.

James Frederick

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You need to get an attorney to help you. Coercion by a beneficiary of a trust should be looked at carefully by a court. Do you know what was in the prior trust? Do you have a copy of it? Beneficiaries under a trust need to be given copies. Your attorney can help you with that.

The above is not intended to be legal advice, but may be used for general information. Please contact an attorney for specific help tailored to your needs.

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I agree with Attorney Lewis, but would clarify that as an heir at law, you are entitled to a copy even if you are no longer a beneficiary.

THESE COMMENTS ARE NOT LEGAL ADVICE. They are provided for informational purposes only. Actual legal advice can only be provided after consultation by an attorney licensed in your jurisdiction. The answer to question does not create an attorney-client relationship or otherwise require further consultation. Mrs. Cook is licensed to practice law throughout the state of California with offices in San Diego County. She is authorized to handle IRS matters throughout the United States, and is also licensed to practice before the United States Tax Court. IRS CIRCULAR 230 DISCLOSURE: To ensure compliance with requirements imposed by the IRS, please be advised that any U.S. federal tax advice contained in this communication (including any attachments) is not intended or written to be used or relied upon, and cannot be used or relied upon, for the purpose of (i) avoiding penalties under the Internal Revenue Code, or (ii) promoting, marketing or recommending to another party any transaction or matter addressed herein.

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