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Barrister
Barrister, Attorney
Category: Estate Law
Satisfied Customers: 36219
Experience:  16 yrs estate law, real estate. Wills/Trusts/Probate
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My father died 10 years. There was a will submitted to the

Customer Question

My father died 10 years. There was a will submitted to the court and there is a family trust. The executor is not premited to speak to me until my mother dies. Can a bank give me the name of the lawyer who wrote the family trust?
Submitted: 10 months ago.
Category: Estate Law
Expert:  Barrister replied 10 months ago.

Hello and welcome! My name is ***** ***** I am a licensed attorney who will try my very best to help with your situation or get you to someone who can. There may be a slight delay in my responses as I research statutes or ordinances and type out an answer or reply, but rest assured, I am working on your question.

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If the trust was created by the will of father 10 years ago, then it is likely that there is some mention of the attorney who drafted it in the estate records as the executor of the estate may have reported to the probate court that they had complied with the terms of the will in getting the trust drafted by "John Doe, Attorney".

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But even if you had the name of the attorney, it is very unlikely that he would talk to you simply due to the fact that trusts are confidential and his client was the grantor (i.e. maker) of the trust, not any family members or even the beneficiaries of the trust.

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With that said, if you are a beneficiary of the trust, and it is irrevocable, then under the CA Trust Code you have a legal right to request a copy of the trust and the trustee of the trust has a legal and fiduciary duty to give you a copy. If they were to refuse, you can file suit against them in probate court for breach of contract and breach of fiduciary duty and the judge will issue an order forcing them to deliver a copy of the trust to you.

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thanks

Barrister

Customer: replied 10 months ago.
Would I ask the lawyer for a copy?
Expert:  Barrister replied 10 months ago.

No, you would ask the trustee. They are the one in control of the trust and legally obligated to both the trust and the beneficiaries to follow the instructions in the trust.

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thanks

Barrister

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