How can I get copy of will/trust if not recorded with the court?

[Simona]

What is the name of your state? CA

How to confirm what's in the will if it was not recorded with the probate court and assigned trustees are not cooperating? Do we have the right to force trustees to show us the will or give us information - such as Lawyer, etc? Is there any way to determine if there is a newer version of the trust?

The brother and sister of the deceased are trustees for Trust established back in 1996, but we expect that the deceased who has only just passed away in Nov of 2003 had made updates after his last heart attack in 1998. My mother, his housecleaner of 20 years, is a beneficiary, but we don't know the specific details of the will - only that the intentions that had been verbally expressed by the deceased are not the same as what the brother has offered.

The brother first said that he will call her to invite her to the reading of the will, but then a few months later (yesterday) a $2000 check arrived in the mail from the brother's account with a letter stating smething like this:

Deceased Name Trust. This gift to you is specified in his TRUST. Lillian *** and I are the designated trustees for the trust and are glad to carry out this duty for our dear departed brother. Etc...
Please sign the receipt and return in the enclosed envelope within two days of receipt.

Enclosed was also a copy of an online article regarding taxes on gifts but no information about the actual will.

We need to know if that's truly what was in his Will. How can we find out if it's not recorded with the probate court? Who do we contact? The deceased lived in Garden Grove, CA

thanks,
Simona

 

[Dandy Don]

The problem is that generally when a trust is used, there is no need for a will if all of the assets are put into the trust. The trust is a private document that is not public record.

However, as a trust beneficiary, State of California law allows the trust beneficiary to request a copy of the trust by sending a certified letter to the trustee, requesting a copy of the trust and an accounting statement. If you have a trust attorney it is better to let the trust attorney make the request for you since it will be regarded as more serious/official.

Be sure to say thank you to them for furnishing the article about taxes.

Garden Grove and Costa Mesa are both located in Orange County California, so you can contact the Orange County Superior Court, Probate Section at their website www.occourts.org to contact the Probate Division (get the phone number and mailing address) to call to inquire whether they keep trusts on file and whether there has been a probate filing for the decedent.

You are right to be concerned enough to want to check this out, but please don't make any accusations against the trustees that accuses them of stealing. Let's hope that they didn't conspire to destroy the will and perhaps get a newer trust signed under duress or false pretenses (if you can prove that that did happen, then you need to consult with a trust lawyer about possibly contesting). If they won't cooperate by providing a copy of the trust and the accounting information, then talk to a California trust attorney about what your next steps should be to get information.


SINCERELY,
DANDY DON IN OKLAHOMA ([email protected])

 

[Simona]

Dandy Don - Thank you for your detailed response. I'm completely clueless about these matters and you've been helpful. I received a call back stating that the will is part of the trust and that they would send me four pages that apply - which is ok for now. Is there any reason why I should ask for the entire document?

Simona

 

[Dandy Don]

Sending the four pages that apply will probably be good enough, because that is where you can confirm whether you were given the correct amount or not, so be grateful for what they are giving you. However, you do have a right to the entire document, so if they don't provide you with the accounting information showing how much the entire trust is worth, then if you are just curious you can ask for the entire document and the accounting information at a later date after you have received the four pages.