What is the name of your state (only U.S. law)? CA
The probate judge and I both learned 5 months after death I was a beneficiary to my father's revocable living trust. The judge demanded the executor provide me all the trust info within 5 days. Within a day, the executor (son-in-law) is now saying he's not a benificiary to the trust (his mother is the trustee/heir) so he cannot get access or forward the living trust document to me legally. Isn't an executor supposed to have access to this trust to ensure it is being handled properly? Is this considered a legal conflict of interest if the trustee is his mother AND they are both being represented by the same law firm? Note: the law firm did not tell the judge upon her order for trust documents to me that they represented both sides.
I'm trying to understand how I can get a copy of this trust if they are claiming its revocable. Does the judge have the right to review the trust during court by the law firm because they represent both sides to determine if in fact I am entitled to these trust documents?
If its fully revocable which I've heard is uncommon is there any legal options I have to prevent the stepmother from removing me and my sister out of the trust now that my father has past and that wasn't his wish?
The stepmother has put up for sale my father's house, taken back his car that was in his name only (that I've been told gets spilled over to the trust which I'm a beneficiary of) and she transfered the title to her name. If I'm a beneficiary to the trust, do I have a right to decide if my father's house gets put up for sale or anything gets sold for that matter if it was placed in the trust?
The probate judge and I both learned 5 months after death I was a beneficiary to my father's revocable living trust. The judge demanded the executor provide me all the trust info within 5 days. Within a day, the executor (son-in-law) is now saying he's not a benificiary to the trust (his mother is the trustee/heir) so he cannot get access or forward the living trust document to me legally. Isn't an executor supposed to have access to this trust to ensure it is being handled properly? Is this considered a legal conflict of interest if the trustee is his mother AND they are both being represented by the same law firm? Note: the law firm did not tell the judge upon her order for trust documents to me that they represented both sides.
I'm trying to understand how I can get a copy of this trust if they are claiming its revocable. Does the judge have the right to review the trust during court by the law firm because they represent both sides to determine if in fact I am entitled to these trust documents?
If its fully revocable which I've heard is uncommon is there any legal options I have to prevent the stepmother from removing me and my sister out of the trust now that my father has past and that wasn't his wish?
The stepmother has put up for sale my father's house, taken back his car that was in his name only (that I've been told gets spilled over to the trust which I'm a beneficiary of) and she transfered the title to her name. If I'm a beneficiary to the trust, do I have a right to decide if my father's house gets put up for sale or anything gets sold for that matter if it was placed in the trust?