living trust

What is the name of your state? California

My mother had a living trust made up recently, before she went in for surgery (she is 80). The only family members are my brother and myself. My mom told me I was a co-administrator and my brother also, and that I would get a copy of the trust. I haven't received my copy of the trust yet or read it. I saw my mom after her surgery and she was of sound mind (doctors agree). However, my brother has taken her from the hospital when she was discharged and moved her to an undisclosed location. He will not let anyone see or talk to her. He placed new locks on the house and seemingly taken over her life. I spoke to the Attorney who did her living trust and he said he cannot discuss the matter with me. How would I be able to get a copy or view the trust, before I contact anyone, like an attorney or social services? Thanks for any help.

Send your brother and the attorney who drew up the trust a certified letter immediately, asking for a copy of the will and the trust within the next 3 days (your certified mail receipt will be proof that you requested it just in case that proof is needed later on). You are entitled to the will if you are a co-executor, and you are entitled to the trust if you are named a beneficiary. Something is very wrong if your brother will not keep you informed, and he is probably trying to keep things secret for a little while and keep you in the dark, but whether or not he has intentions of stealing or not, I don't know. First check at the county courthouse probate court to see if the will has been filed, since that is normally done within 30 days after the death.

If he doesn't respond, then seriously consider getting your own attorney.

Too bad that your mother didn't at least give you a copy of the will or tell you where it was.

DANDY DON IN OKLAHOMA ([email protected])

If you believe your mother is being coerced or otherwise manipulated I suggest you call Adult Protective Services and they will look into the matter of her well-being.
You are not legally entitled to anything if your mother is of sound mind. You have no right to see the Trust even if you are an executor and even less right if you are a beneficiary. It is none of your business what your mother has in her Will and Trust.
It would appear, since you have spoken to her attorney, that you are not an executor and also, that she does not wish you to know how her assets are to be disbursed when she dies. Apparently, it is your brother who is the successor trustee. He and your mother can deal with this unpleasant issue now (your wanting to know what the documents contain) and do a full disclosure, or your brother can deal with it later.
If they disclose now, the bell will begin tolling: 4 year SOL. If they choose to withhold then you have no choice but to wait If she is competant your only legal grounds for suit then is if you believe that somehow your brother has not fulfilled his fiduciary duty-presuming a financial POA, and has dissipated or removed to his name or joint tenancy a large estate
It is your mother's money and she may do with it as she wishes without consulting you. I suggest you speak to an attorney.