If trust funds have been set up for my children by a family friend who passed, how do I make sure that mythey get what’s rightfully theirs?
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If trust funds have been set up for my children by a family friend who passed, how do I make sure that mythey get what’s rightfully theirs?
My ex-stepmother has been named as executor and has said nothing to me about this. Basically just watched as we’ve struggled for 2 years to make ends meet. How do I go about making sure that our friend’s last wishes are executed? The documents pertaining to this where drawn up by my ex-stepmother’s friend, a lawyer (so asking him for help will be of no avail).
Asked on February 24, 2012 under Estate Planning, California
Answers:
Genevieve Wall / Genevieve Wall, a Law Corporation
Answered 12 years ago | Contributor
Ask the lawyer who drafted the document(s) providing for your children. As a lawyer s/he has an ethical obligation to tell you the truth. If your ex-stepmother is now his client as Executor or Trustee, he still cannot lie to you.
If the lawyer won't give you details about the documents, ask him if there is a probate or a trust administration. If there is a probate it is a public proceeding, and you can look it up in the probate court in the county where your friend died.
If there is a trust administration, it is private, but the Trustee is required by law to send a formal notice of administration of the trust to all trust beneficiaries, and if asked, the Trustee must provide a copy of the Trust to the beneficiary who asks for it.
Good luck.
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