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My passed away and left a living trust but the stepmom wont allow any one to see it..what can I do?

Los Angeles, CA |

My dad left his living trust to 3 beneficiary, his wife, son, and granddaughter. The wife has been lying about my dads insurance money and claimed it and havnt split none if the money with the son or granddaughter. She also claim that the trust was never signed.

Attorney Answers 3

Posted

You are allowed to have a copy of any of the documents in which you are named as a beneficiary. Check out this link by cutting and pasting: http://www.californiaprobatelawyerblog.com/2010/06/can_i_get_a_copy_of_a_living_t.html
You may need to hire a lawyer to pursue your rights.

http://www.los-angeles-lawyers.biz/lawyer-attorney-1177690.html

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Posted

You are in a tough spot. If the trust is not irrevocable or your share vested at his death, you are not entitled to a copy. That said, it is likely irrevocable to some extent. First, I would check the records for the house and see if the property is in trust. That will confirm the existence of the trust, and possibly have the name of the attorney who drafted the trust listed on the deed. I would then have an attorney write her a letter telling her what her legal obligations are to provide Notice and/or a copy of the trust within 60 days of the death. If she continues to refuse, you may have to sue her.

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Posted

In addition to the other comments, life insurance proceeds are frequently left to specified beneficiaries and not subject to the terms of the trust. If wife was the sole beneficiary of the life insurance policy, she is generally entitled to claim it.

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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