Who pays when I have to sue the trustee to give me a copy of my parent’s trust?
The trustee pays if you do it right. Doing it right is simple. Make written request of the trustee for a copy of the trust and its amendments. There’s no particular language that has to be used. A simple two sentence letter saying you want a copy of the trust and the trust’s amendments will do. Also, make sure to keep a copy of your letter. If you don’t receive a copy of the trust in sixty days then you can sue the trustee. The trustee will be held liable if the trustee doesn’t send you the copy you requested. In conclusion, the probate court judge will grant a request for reasonable attorney’s fees and costs as long as you ask for it in your petition.
Probate (noun):
The process of proving in court that the will of a person who has died is valid. You must prove that the last will and testament of a deceased person is genuine to a judge. Not all wills must go through this in California. See our infographic to help you determine if your loved one’s estate must go through probate.
Trust (noun):
An organization (ie:bank) or someone else can manage the money or property in a trust usually at a set period of time. They are managed by Trustees and are set up to help better serve the beneficiary’s interests. It is a legal document that tells the Trustee how to specifically handle the money and assets on behalf of the beneficiary according to the Trusts wishes.
Scott Grossman
Attorney
The Grossman Law Firm, APC · 525 B Street, Suite 1500, San Diego, CA 92101 · (951) 523-8307