My mother passed away and she had a living trust. My step father who is trustee flat refuses to let me see it. I dont know who the attny was, but i got confirmation from my step sister that i am definately in it. How can i get a copy if the trustee wont give me one.
Firstly hire an attorney. Second, there are statutes in california (and everywhere) that would require the trustee to provide a copy of the trust to a beneficiary if they are in fact a beneficiary. I would note however that it may not be as simple as saying "you are in it." You may not have a current beneficial interest which means you may be able to see it but you may never see any actual money.
This is not legal advice nor intended to create an attorney-client relationship. The information provided here is informational in nature only. This attorney may not be licensed in the jurisdiction which you have a question about so the answer could be only general in nature.
If the successor trustee refuses to provide you with a copy of the trust, and you are a beneficiary, it is recommended that you consult with a local attorney for options.
This is a tough and all to common situation. I strongly encourage you to pay for an hour of an attorney's time to write a letter to your step-father advising him of his responsibilities as successor trustee of your mother's trust. One of those responsibilities is to allow the heirs and beneficiaries (even if you are not a beneficiary you are certainly an heir), the right to a copy of the trust once it becomes irrevocable. The only reason you would not be entitled to a copy is if it was a joint trust with your step-father and the entire trust is revocable. Either way, it sounds like it is time to have an attorney help you figure it out. Good luck.
Based on facts cited, you are entitled to a copy of the trust. Stepfather has duty to provide you with a copy and treat you fairly.
Consult trust counsel, who can obtain copy of trust from step-father and protect your rights.
You are entitled to a copy under California law regardless of whether you are a named beneficiary under the trust. You will need to petition the court to order him to give you a copy. There are further remedies available to you in a court of law as well. Higher competent counsel to represent you.
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