How to verify contents of a family Trust?

My husband’s parents included their Home in this trust. It stated that their youngest son would be able to live in the home until

his death. At which time, the house was to be sold and the proceeds were to be divided equally between their 6 grandchildren. I was married to the oldest son for 30 years. I read the conditions when it was presented to their 2 sons after their father’s death. I was a little surprised that it appeared that my husband was not included. Upon introspection, knowing how fair they always were to both sons and

grandchildren, I realized that the reason behind their decision was as follows. They were extremely financially helpful to my family during some difficult times. The youngest son had moved back in with his parents after a divorce and just stayed for about 20 years. As their parents aged, he was a helpful caretaker driving to appointments, etc. After their parents passed, this son lived for about 15 years in the home until his recent passing. My daughter was talking to her dad and he let her know that the house will be sold and the

proceeds will be shared with himself and the 2 children of the son. I am shocked by this, as are my children. I have never disparaged my children’s father to them, but I would not put it pass my ex-husband to cheat his own children, if there was any way to do so.

They want to see the Trust. What can my grown children do?

Asked on December 21, 2017 under Estate Planning, California


M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

They need to hire an attorney ASAP to send a letter to the Trustee putting him or her on notice of a breach infiduciary duty and following the Trust.  You need to get a hold of the original document (was it ever amended?) and have the Trustee removed if he or she fails to comply.  Good luck.

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