My mother has been put into a Alzheimer’s hospital, how can I get a copy of her Trust?

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My mother has been put into a Alzheimer’s hospital, how can I get a copy of her Trust?

My mother’s husband is acting suspicious, he has put my mom into an Alzheimer’s hospital and wants me to wait 2 weeks before I can see her in the hospital. My mom has told me recently that I’m in her Will and would be taken care of financially. However, I don’t trust this guy.

Asked on August 23, 2019 under Estate Planning, California

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 1 year ago | Contributor

A will only takes effect when the person who made the will (the "testator") passes away--before then, it can be freely changed, revised, revoked, replaced, etc. by the person. It is a purely hypothetical document until the testor's death. Therefore, there is no right to see it until the person's death, since it may as well not exist until then.
When your mother passes away, if you believe that you are not receiving what you are entitled to, you can bring a legal action in the probate division or section of what is commonly called "chancery" or "general equity" court (that part of state court in your mother's county of residence that deals with things like wills, trusts, fiduciaries [people like executors, trustees, etc.] and other non-monetary-compensation cases). It would be advisable, if and when that time comes, to retain an attorney to help you; if determined to do it yourself, contact the probate court for instructions on how to challenge a will or how an estate is being distributed.


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