Right to copy of trust

[Diana M. Williams]

Jurisdiction

California

My father just recently passed having left a will & trust. My mother is still living. I will give more detail as you see fit buy I'll post my question to start.

My sister has possession of the Trust but will not let me see it or have a copy. She says my father told her to protect it from others wanting to view it. I am certain that she will be named executor but I believe that is only to happen should my mother become incapacitated or mentally unsound to make legal decisions. She is going about handling estate matters which is fine because my mother would need someone to handle this stuff but I don't believe she has the authority to run this alone, cutting all else out. She has even told our fathers tax accountant that I must have her permission to get any info from him. What rights do I have to see the Trust & know what is happening?

 

[army judge]

What rights do I have to see the Trust & know what is happening?

Your issue isn't about rights UNLESS you're named a beneficiary of the trust.

According to the state government, trust beneficiaries in California generally have several critical rights, including ones to:

Receive a notification that the trust exists
Have a copy of the trust documents
Receive appropriate information and accountings of your (as the beneficiary) interests in a trust
Address and enforce the terms outlined in the document, including how to receive funds from the trust
Hold a trustee responsible for improper mistreatment and wrongful acts affecting your interests as the trust beneficiary
If the trust is irrevocable and the person that created it is still alive, you may have more or different rights. Irrevocable trusts cannot be modified, meaning that beneficiaries must abide by the terms detailed in the document.

Regardless of the reason, concerns about trust administration or trustee wrongdoing require immediate attention.

Learning more about California trusts and trust administration can help you determine if you need to pursue a legal solution.

You need to consult and hire an attorney ASAP to determine what rights, if any, you possess in regards to the trust you MENTIONED hereinabove.

CA Trust Beneficiaries | 5 Things You Must Know - Hackard Law


Your Rights as a Trust Beneficiary in California

Trust Beneficiaries' Rights in California

...

 

[zddoodah]

I am certain that she will be named executor but I believe that is only to happen should my mother become incapacitated or mentally unsound to make legal decisions.

This is a bit confused.

You noted that your father left a will and a trust. You said you haven't seen the trust. Have you seen the will? If so, what does it provide regarding the disposition of your father's assets? It would be common to provide that all assets not already in the trust are left to the trust. This is called a pour over will. This is done to avoid probate because the "estate" can then be administered privately, according to the terms of the trust. If that's the case then neither your sister nor anyone else would likely need to be appointed as executor of the estate.

Do you have any more information about the trust beyond what's in your post? Do you know if your father was the sole trustor or if both your mother and father are trustors? If they were both trustors, is there any reason to think your mother isn't the trustee of the trust? Your post seems to imply that your mother is mentally sound.

She is going about handling estate matters which is fine because my mother would need someone to handle this stuff but I don't believe she has the authority to run this alone, cutting all else out.

The only person with the authority to "handl[e] estate matters" is the court-appointed personal representative (executor or administrator) of the estate or the decedent's successor in interest as defined by the Probate Code. The only person with the authority to handle trust matters is the trustee of the trust. Contrary to popular belief, beneficiaries of an estate or trust don't typically have any right to be involved in the administration of the estate or trust.

She has even told our fathers tax accountant that I must have her permission to get any info from him.

That makes perfect sense. Providing that sort of information to anyone other than the client would be a breach of the accountant's ethical duties and possibly fiduciary duties.

What rights do I have to see the Trust & know what is happening?

If you are named as a beneficiary of the trust and the trust has become irrevocable, you are entitled to a copy of the trust. Probate Code section 15800(b). That same section also entitles beneficiaries to annual accountings.

Similar rules apply to wills.

You may want to retain the services of a local probate attorney to make a demand for copies of the will and trust.

 

[flyingron]

Eh? A pour-over will isn't any different than any other will. It has to be probated (other than the exceptions various states have for small estates). All it does is direct the assets in the estate to be moved to the trust rather than directly to the heirs.