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Question

my father remarried and they set up a revocable trust. In the trust it said my sister and I would each get 25%, her daughter would get 25% and the church would get 25%. He died last October and now she is saying that we get nothing that it is all going to the church and her daughter. What can we do - we have asked for a copy of the trust put she has not supplied it.

Submitted: 156 days and 21 hours ago.
Category: Estate Law
Value: $15
Status: CLOSED
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Optional Information

California

Already Tried:
It is hard to answer the State question; they were married in California but held properties in Arizona, Michigan and California. We haven't done anything yet except consult with my sister's family attorney and he says that it is required that when our father died that we should have received a copy of the trust within 90 days of his death. When we told our step-mother she said she talked to the attorney (retired) that it was nonsense and she did not have to supply us with a copy of the trust. Last month she sent us a nasty letter telling us how much we had hurt our father and 3 copied pages of the trust which clearly states that we each receive 25% of the estate but I think it is only after she dies. We do not know if a trust is a public document or how to go about getting it. We think it was drawn up in Arizona. She is a Jehovah Witness, converted our father and had a friend who is a JW and a retired attorney draw up the trust. We do not know how to proceed or if we have any grounds or any way of getting a copy of the trust. She is 64 and our Dad was 87 when he died - they had been married for 15 years. Our mother died at 63 after 45 years of marriage.

PS - When our Grandfather died he left our mother approximately $90,000 and to our knowledge his will stated that if she was not living that the money would go to my sister and myself. However, before the estate could be settled she died and our father was the executor of our mother's estate and since he was recently widowed and the timing or something he got all the money. We question whether that was right or not now.

Thank you

Posted by Law Pro 156 days and 21 hours ago.

Info Request

What state are you in?

 

Were they other witness to the trust? Did he transfer ownership of anything into the trust or have any accounts in the trust name?

156 days and 20 hours ago.

Reply

Not sure I understand - any other witnesses to the trust? Who would be the witnesses? He told both my sister and I that is what they had done - we do have 3 pages of the trust that our step-mother sent to us. I do not know if he transfered ownership of anything into the trust or if he had any accounts in the trust name. How would we find out?

My sister and I are both residents of Caliornia.



Edited by XXXXXXXXX on 6/4/2009 at 3:04 PM

Posted by Law Pro 156 days and 20 hours ago.

Info Request

Witnesses would be anyone who might have knowledge of the trust - somehow or someway - anyway.

 

One serious problem is that the trust was revocable - that means that your father could have revoked such. Although the trust becomes irrevocable upon his death.

 

When did she send you the 3 pages? Certainly the 3 pages is more than enough to go to court on and have the judge order her to produce the remaining pages of the trust.

 

How was the real estate and other property titled at his date of death?

 

I just now reviewed the additional information in the "already tried" area of the question - soometimes that information comes up when originally answering the question and sometimes it doesn't.

 

However, with the 3 pages of the trust - that's more than enough to go into court and mandate that she produce the balance of the pages. Clearly too, you should be reviewing alot of information - the grandfather's estate too - she has no claim on that.

 

Have you talked to local counsel about this?

156 days and 20 hours ago.

Reply

I don't know of any witnesses. Does a trust have to be recorded in the State ?

 

She sent us the letter and the 3 pages of the copy of the trust about a month ago. We have been asking for it since November 2008.

 

All the properties were in the trust at that time of his death. Another question is can she

sell those properties now that it is an irrevocable trust or does it just mean that when she dies my sister and I get whatever is left?

 

We have not gone to local counsel yet because I really didn't know if we had any grounds to proceed on.

 

Our grandfather lived in Redwood City - California; would there be a way of getting a copy of his will - is it public record?

Posted by Law Pro 156 days and 19 hours ago.

Answer

No, a trust doesn't have to be recorded in a state. If the trust is revocable or if they haven't transferred property into the name of the trust - usually they aren't recorded then.

 

It would all depend on the wording of the trust, who is the trustee, the authority the trust grants to the trustee as to what she can and can't do.

 

Yes, you certainly have grounds to proceed to get a full copy of the trust. Then after getting such you will have to determine what actions you can take pursuant to the trust.

 

Yes, the grandfather's will should be, if probated, at the probate court and you can go look it up and make a copy of it.

156 days and 19 hours ago.

Reply

Thank you that gives us a good starting point. We will go to the courts and request a full copy of the trust. Do we need an attorney to do that or can we just go to the courthouse and make that request w/county clerk or someone else?

 

Can we look up wills online or would we have to go to the court in Redwood City in order to get that copy? Can we request it by mail?

 

This has been extremely helpful.

Accepted Answer

You will need someone to draft and file the petition. If you feel comfortable doing such - then you can certainly do such yourself.

 

Usually you have to go to the courthouse to obtain a copy of the will - usually you can look up on-line to determine if an estate has been established but not necessarily obtain a copy of the will. You could try though.

 

You're welcome. Good luck!

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Expert: Law Pro
Pos. Feedback: 98.9 %
Accepts: 712
Answered: 6/4/2009

Attorney

19 years experience in estate and trust planning, probate, and wills

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