Accepted Answer

Hello and thanks so much for choosing this forum to pose your important legal question. I will do my best to give you some honest and accurate guidance as I answer your question.

1. I am a licensed attorney with estate, trust and probate litigation experience. I will be glad to try and answer your question. I hope that the following information will be helpful to you, but please just write back if you have any follow-up questions or need clarification on anything after reviewing the following information. Thank you for taking the time to write back and supply the additional requested information, which was helpful to my analysis of your inquiry. I would be glad to interact with you further if needed after you click "Accept" to process my answer.
2. As you likely already know, because a trust is not under the direct management of the Probate Court, its assets and their value (as well as the beneficiaries' identities) would not become a public record. However, you are in a very different position here from just another interested person. Under California law, heirs and beneficiaries still have to be notified about the living trust and advised, among other things, of their right to obtain a copy of the trust.
3. I would suggest contacting your stepfather (or his legal counsel, if he is represented) via certified mail--return receipt requested and demanding a status report. I would also be sure to mention your role as beneficiary and executrix and cite California Probate Code § 18100.5 for authority. Should he refuse to comply with the law, then I am sorry to say your next step would be to retain an attorney and file suit against your stepfather to compel the disclosure of the current status of the trust.

I hope that this information has been helpful to you. If we can be of any further assistance please free to use our service again. Best wishes for a successful outcome.

 

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The information provided is general in nature only and should not be construed as legal advice. By using this forum, you acknowledge that no attorney-client relationship has been created between you and Benjamin M. Burt, Jr., Esq. You should always consult with a lawyer in your state.

Benjamin M. Burt, Jr., Esq.40028.7325843403

Expert:	Benjamin M. Burt, Jr., Esq.
Pos. Feedback:	99.4 %
Accepts:	2434
Answered:	8/3/2009

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