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Father passed away 1997. Does the law governing a trust , will, and the trustee duties "stale date" or remain at the 1997 date?

Asked over 2 years ago - Santa Rosa, CA

My fathers is passed; a will & trust were written in 1997; state of CA. Tustee will not comply with CA probate section 16061.5

If new law came into effect after 1997 would these new laws apply to a trust & will written in 1997?

I am named as a benificary however the attorney who wrote the will & trust will not give me a copy without the trustee's permission. Is that legal?

The trustee still refuses to comply with demand letters, phone calls from myself and the attorney who wrote the trust & will. Do I have an attorney subpoena the attorney who wrote the will & trust to obtain a copy or do we need to petition the court to compel production of the trust and an accounting?

Thank you for your time and consideration.

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Attorney answers (1)

James P. Frederick

Reputation Level 16

Answered over 2 years ago. Probate Attorney in Livonia, MI.

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You do not say when your father passed. That may have significance in that the trustee, either under the statute, or under the terms of the trust, may have a certain period of time before they need to respond.

Generally speaking, if the Trustee is uncooperative, then the last recourse is usually to petition the probate court. This sometimes polarizes the parties even further and it can also ratchet up the costs, since there are usually additional court costs and attorney fees. But if there is no other way to get the information you need, then you may not have a choice.

Best of luck to you!

James Frederick

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