Getting a Copy of a Trust That a Trustee Refuses to Show You

[sammy4u]

My question involves estate planning in the state of: California

My father died in 1992 and he and his wife (my stepmother) created a trust before he died. After his death we never saw the trust, or were we read the contents of the trust. We were just told his wishes were defined in the trust. Recently we (my sister and I) have approached the issue again with his wife (who remarried a year or two later) but she adamantly refuses to allow us to read the trust or send a copy. How do we get a copy of this trust and don't know their lawyer who we assume assisted in writing the trust. She also has 4 children by a previous marriage who are also apparently in this trust. We also know that some of the property in the trust (specifically art) has been sold which she had told us we would be getting since it was his property that he brought into the marriage.

Thank you for any guidance or direction

[Mr. Knowitall]

Are you a beneficiary of the trust?

[sammy4u]

Yes, both my sister and I are.

[Mr. Knowitall]

Per statute,

(a) A trustee shall provide a true and complete copy of the terms of the irrevocable trust, or irrevocable portion of the trust, to each of the following:

(1) Any beneficiary of the trust who requests it, and to any heir of a deceased settlor who requests it, when a revocable trust or any portion of a revocable trust becomes irrevocable because of the death of one or more of the settlors of the trust, when a power of appointment is effective or lapses upon the death of a settlor under the circumstances described in paragraph (3) of subdivision (a) of Section 16061.7, or because, by the express terms of the trust, the trust becomes irrevocable within one year of the death of a settlor because of a contingency related to the death of one or more of the settlors of the trust.

(2) Any beneficiary of the trust who requests it, whenever there is a change of trustee of an irrevocable trust.

(3) If the trust is a charitable trust subject to the supervision of the Attorney General, to the Attorney General, if requested, when a revocable trust or any portion of a revocable trust becomes irrevocable because of the death of one or more of the settlors of the trust, when a power of appointment is effective or lapses upon the death of a settlor under the circumstances described in paragraph (3) of subdivision (a) of Section 16061.7, or because, by the express terms of the trust, the trust becomes irrevocable within one year of the death of a settlor because of a contingency related to the death of one or more of the settlors of the trust, and whenever there is a change of trustee of an irrevocable trust.

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(b) The trustee shall, for purposes of this section, rely upon any final judicial determination of heirship. However, the trustee shall have discretion to make a good faith determination by any reasonable means of the heirs of a deceased settlor in the absence of a final judicial determination of heirship known to the trustee.

If you have never been provided with a copy of the trust, consider talking to a probate lawyer about bringing an action for a copy and possibly also for an accounting. It appears from your stated facts that no copy has ever been provided.

[sammy4u]

Correct, no copy ever provided. Thank you for the info.