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executor & trustee/heir rep'd by same lawyer?

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sfjt

Junior Member
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?
 


tranquility

Senior Member
Your post is confusing and I hesitate to answer without clarifications, but, hey, this is the INTERNET. It can do anything.

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?
The executor has no legal right to see the trust, even if there is a pourover will. He has no duty to ensure the trust is 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.
Many attorneys will handle both the estate (executor) and the trust (trustee) in a single engagement. There is no inherent conflict of interest and it is usually more efficent to handle things this way. I can envision times where this is not the case, but your facts don't seem to indicate this as yet.

I'm trying to understand how I can get a copy of this trust if they are claiming its revocable.
A joint revocable trust may not have gotten to a point where a potential beneficiary has rights so see the portion which concerns him. However, if a judge has ordered it, I'm sure the judge will find someone who will turn it over. They're good at that.

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 the question begins, does a judge have a right.., or Can a judge.. the answer for all practical purposes is yes. He might not, but it is not going to be decided by an internet free advice forum to the contrary.

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?
It's not that uncommon for estates below the estate tax threshold. If it is true, then the assets are all stepmother's and she can do with them as she pleases. Even on a whim. Even if the reason if totally unfair.

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?
These questions cannot be answered theoretically. Clearly you percieve a problem here. And, while everything may be on the up and up with nothing more than poor planning on dad's part, no one here is going to be able to help you.

Get an attorney. For an probate/estate litigator, this is not rocket surgery. You should be able to get real answers to your questions and determine the path you want to take fairly reasonably. As to the path, I can't even guess.
 

TrustUser

Senior Member
in addition -

many couples get what is called an A/B trust, in which a certain portion of assets (typically 50%) is placed in an irrevocable trust, with the beneficiaries as of the time the first grantor dies. that can not be changed. its purpose is to allow a say by the deceased grantor where his portion goes.

you might want to find if this is the case, for you.
 

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