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?
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.
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?
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?
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.
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.
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!
Attorney
19 years experience in estate and trust planning, probate, and wills